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.
Acting Judge Malcolm Lennox, tasked with reviewing the case, focused on whether the CCMA’s determination that Ramogotwane’s dismissal was justified constituted a gross irregularity.
Judge Lennox emphasised that there was evidence which reflects that Checkers had a briefing discussion during a staff meeting held in January 2021 where employees were told to wear a shield and mask.
Importantly, at the time of the incident, wearing masks was compulsory, and whatever debates raged about the benefits thereof, it was required. By extension it was known that masks had to be worn at work.
In addition, Checkers stated that it had already dismissed several employees for similar infringements, indicating a consistent approach to enforcement of its health policies.
The giant supermarket said employers may approach the treatment of transgressions differently, however, they had a consistent approach in how they applied the punishment to their employees.
Judge Lennox found no evidence that Checkers was operating in a vengeful manner or from a position of moral outrage.
“As such there is no reason to conclude that the decision of the arbitrator was outside the band of reasonableness, the review must fail,” said the judge.
Ramogotwane’s application was dismissed.
sinenhlanhla.masilela@iol.co.za
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