Covid-19

Dismissal of staffer who refused Covid-19 vaccine ruled ‘fair’

Is mandatory workplace vaccination constitutional? Is it even a fair workplace practice? These are questions being asked in many jurisdictions as employers try to ensure safe work environments. The issue is also beginning to filter into the court system, as those who do not want to be vaccinated challenge employers who have made vaccination mandatory.

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In this case, between dismissed employee Theresa Mulderij and the Goldrush Group for which she had previously worked, the question that had to be decided was whether the company’s dismissal decision was ‘substantively fair, based on incapacity’ since the employee had refused to be vaccinated.

Litigant faces criminal investigation after telling court to ‘stick its apology in its arse’

In a week that saw South Africa’s highest court order the country’s former President, Jacob Zuma, to serve a prison sentence for contempt of court, the second-highest court also had to deal with a litigant who expressed contempt, using language that must be unheard of in contemporary law reports. The five judges who heard this second matter said the litigant’s contempt would be referred to the national director of public prosecutions for action.

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During the early days of South Africa’s lockdown and associated government regulations, a then little-known organisation, the Liberty Fighters Network (LFN), took the government to court, challenging the constitutionality of the regulations.

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