CCMA: Dismissing an Employee who Refuses to get Vaccinated is now Unfair?!

In January 2022 we recorded an episode outlining the first (of many) awards where the CCMA found that the dismissal of (those) employees who refused to be vaccinated, despite the employers mandatory vaccine policy, were found to be fair. 

However, recently in Kgomotso Tshatshu v Baroque Medical (Pty) Ltd, the CCMA awarded an employee the maximum compensation for an unfair dismissal based on operational requirements because the employee did not comply with the company’s mandatory vaccination policy. 

In this episode BGD discusses whether this award should be seen as a turning point for mandatory vaccination policies, or was it simply the lack of presenting appropriate (or any) evidence that led to a seemingly contradictory award against the employer?