Checkers employee's dismissal upheld by Labour Court for mask violation during Covid-19
A former Checkers employee was unsuccessful in his bid to regain his job after he was dismissed for failing to wear a mask during the Covid-19 outbreak.
Kamogelo Ramogotwane, through the South African Commercial, Catering and Allied Workers Union (SACCAWU), brought a review application in the Labour Court in Johannesburg seeking to overturn a decision made by the Commission for Conciliation, Mediation and Arbitration (CCMA).
During proceedings at the CCMA, Ramogotwane acknowledged his failure to wear a mask—a requirement imposed both by his employer and governmental health regulations at the time. Yet, he argued that rather than facing dismissal, he should have received a warning.
However, the Commissioner found that Ramogotwane was fully aware of the rules set by Checkers and the legal mandates that enforced mask-wearing.
Therefore, the Commissioner found that a dismissal was appropriate due to the consequences of not wearing a mask.
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