Dear employer

The recent arbitration award by the CCMA, which found the incapacity dismissal of a particular employee, due to her refusal to comply with the employer’s mandatory ‘vaccination’ policy, as fair, has been circulating prodigiously.

This award will, no doubt, influence many employers’ decision to dismiss employees who refuse to ‘vaccinate’.

However, employers are cautioned that this award, for the following reasons, does not diminish the risk to employers to have an adverse finding made against them, should they decide to follow this route:

an arbitration award does not create precedent, and is therefore not binding on other Commissioners;
only the substantive fairness of the dismissal was in dispute and the laborious procedural requirements were not canvassed at all;
the employee was unrepresented and a lot of important, unanswered questions were not raised;
the question as to whether mandatory ‘vaccinations’ are reasonable and lawful limitations of constitutional rights, remains unanswered;
there is no certainty as to whether this type of policy may be introduced under the auspices of the Occupational Health and Safety Act, as Covid-19 is not a workplace safety issue, but a public health issue. The Supreme Court of the United States of America recently ruled that a mandatory ‘vaccination’ policy is not a workplace issue and can therefore not find application under the American Health and Safety Act. Our courts are yet to determine this issue; and
each individual case, and the operations of each particular workplace, will have to be assessed on its own merits. The award does not create a carte blanche for employers to do as they see fit.

Employers will, therefore, be well advised to approach this issue with extreme caution until our courts have provided legal certainty and clarity.

For more information:
NEASA Media Department
media@neasa.co.za

Really enjoyed this interactive conversation last night. Must do this again, soon! Thank you to everyone who participated 🙏🏼 https://youtu.be/fNHdF2NhBW4

https://youtu.be/ux5qVJEyyo8 Please subscribe to my channel & share!

IMPORTANT:

There are multiple reports going around of UN vehicles being spotted around the country.

We please ask that anyone who spots these convoys takes a selfie so that we can verify these reports.

If the rumours are true it is in the publics best interests to know WHY they are here.

BREAKING: COSATU backtracks on its vax mandate position - backs its workers against mandate

https://t.me/+dmB71EHXOg00NGFk

🚨EMERGENCY NOTICE🚨

Calling all parents and teachers of CURRO.

Join our Telegram group and become apart of he resistance.

https://youtu.be/HXSibejPHOU

It’s official - The UN is here and active

https://youtu.be/-JTXKZYMe6w

🚨CCMA SNEAR TRAP🚨

Please watch this! It’s solid gold

https://youtu.be/0jsG84MjZjk

Consider what is happening globally right now and apply your mind to not what you see, but what you are NOT seeing

https://youtu.be/P3FJucgA3xY

🚨LIVE IN 10🚨

Folks no idea what happened there but I’m going to redo as a scheduled live.

Apologies

https://youtu.be/3QNcVOniCN4

Finally managed to get this out last night. Here it is for a home who gave up on the live feed or missed it

You Can Now Be Ordered Into Isolation Thanks to New Covid Regulation - Thanks Gov! https://youtu.be/PWfZo1rTpX4

This is INSANITY but hardly surprising. Please SHARE this. The Public needs to know what is going on here!