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Commission for Conciliation, Mediation and Arbitration

Commission for Conciliation, Mediation and Arbitration (CCMA) was established in terms of the Labour Relations Act, 1995 as amended. It is mandated to ​Promote social justice and fairness in the workplace by delivering ethical, qualitative, innovative and cost effective dispute  and resolution services, institution building services, education, training and development and efficient administration.

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2 judgments
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Judgment date
May 2022
Bessick v Baroque Medical (Pty) Ltd (WECT 13083/21) [2022] ZACCMA 1 (9 May 2022)
Employer's mandatory vaccination policy in healthcare context constituted a justified operational requirement; refusal forfeited severance pay.
* Labour law – Retrenchment for operational requirements – Mandatory vaccination policy as an operational requirement in a healthcare-related employer. * Labour law – Section 189 LRA – consultation, disclosure and meaningful joint consensus-seeking obligations. * Employment law – Reasonableness and substantiation of medical, religious and personal objections to vaccination. * Severance pay – BCEA s41 – refusal of reasonable alternative employment may forfeit entitlement to severance pay. * Occupational health and safety obligations and risk assessment informing operational decisions.
 9 May 2022
January 2022
Mulderij v Goldrush Group (GAJB 24054 /21) [2022] ZACCMA 2 (21 January 2022)
Refusal to comply with a mandatory vaccination policy justified dismissal where it permanently impeded creating a safe workplace.
Labour law – incapacity dismissal – mandatory workplace vaccination policy – consultation and exemption processes – bodily integrity v workplace safety – proportionality of dismissal.
 21 January 2022