When this employee left work to go to the clinic to fetch his medication, his employer told him he doesn’t want him coming back to work because he will catch the virus and spread it to everyone else. AZIKHIPHI! That’s not on! Scorpion Legal Protection discusses what the law says.
The employee was going to fetch medication, which is one of the services classified as essential for the purposes of the lockdown. Preventative measures should be taken by all concerned to ensure that there is no spread of the virus. By visiting the clinic, there is no way that the manager knew for sure that the employee will come into contact with people who are suspected to have COVID-19. This is pure discrimination on the part of the employer to claim that the employee will get the virus just by going to fetch his medication.
It is the employer’s responsibility is to ensure the health and safety of his/her employees at their place of work. So even if the employee did get the virus, the employer should have measures in place to help detect when employees are sick as well as to stop the spread of the virus, such as testing and PPE for all employees.
The employee did not come back into work because of what his employer told him, but he has also not phoned his employer to find out about the status of his employment – he does not know if he has been dismissed or if he still has a job. The employee must call his boss and find out.
If it turns out that he has been dismissed from work, then the employee can refer the matter to the CCMA or the relevant Bargaining Council, like the Motor Industry Bargaining Council (MibCo). He must do so within 30 days of the date of dismissal.
Tips:
- You cannot simply be dismissed. Even during lockdown, employers must follow proper procedures according to labour law.
- The CCMA is fully operational again nationally from 18 May 2020 (08:00 -16:00).
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* This is only basic advice and cannot be relied on solely. This is a fictional scenario to illustrate cases. The information is correct at the time of being sent to publishing.