The National Union of Metalworkers of SA (Numsa) has welcomed the arbitration order granted in favour of Gautrain's Bombela Operating Company employee dismissed for refusing the Covid-19 jab.
The employee, Vhavhangwele Rhavele, was fired in March 2022 after he refused to take the mandatory vaccine against Covid-19, which was implemented by the company in spite of its lack of constitutionality.
Numsa spokesperson Phakamile Hlubi-Majola said the order was a win against poor implementation of the mandate and the flouting of workers' rights.
The Bombela Oparating Company is reported to have dismissed Rhavele on the grounds of incapacity, with the company saying Rhavele's refusal to take the vaccine was without just cause. However, Rhavele has been granted the right to return to work following the CCMA ruling.
"Numsa welcomes the arbitration award handed down by the CCMA in favour of its shop steward against Bombele Operating Company, which manages Gautrain. Comrade Rhavele was unfairly dismissed for refusing to take the Covid-19 vaccination. The arbitration took place from June 4 and was concluded on October 4. The commission found out that our member must be reinstated with six months' full pay after refusing the mandatory vaccine imposed by Gautrain management, " Hlubi-Majola said.
According to Numsa, the company failed to justify its reason for dismissing Rhavele, adding that Ravhele's constitutional rights were infringed after his dismissal.
"Everyone has a right to bodily and psychological integrity, which includes the right to make decisions concerning reproduction, security control, and not be subjected to scientific experiments without their informed consent," she said.
Numsa said the company failed to consult with the union on the matter involving their members and shop steward.
"Mr Rhavele is a Numsa member and shop steward, and Bombela Operating Company had a duty to consult the trade union of its intention to make him undergo an incapacity hearing, something which they failed to do. Numsa argued that the dismissal is unfair because the department has not yet introduced mandatory vaccination in the workplace," she said.
As such, the company was ordered to retrospectively pay and reinstate Rhavele as of November 1, 2022.
Hlubi-Majola said the union was grateful for the work done by the officials who represented Rhavele in the matter.
"We are grateful to the hard work of the Numsa officials in securing this victory and to our members for their faith in us," she said.
The Star