This article is drafted as a result of a recent ruling by the Labour Court on a Covid 19 related dismissal.
It is common knowledge nowadays that companies have a Covid 19 policy as it has become apparent that we will live with this virus for a while.
What is of great importance is the content of that policy, does it address what needs to be addressed? Does it clearly offer guidelines on how to go about avoiding or minimising the spread and impact of Covid 19 in the workplace?
Does it state the channels to be followed should an individual contract the virus at the workplace or away from the workplace? The purpose of this article is to address and bring to light some crucial factors taken lightly yet they are of significant importance when it comes to Covid-19.
The Covid 19 policy needs to address the issue of what an employee ought to do when they have contracted, suspect that they have contracted or have come into contact with someone who tested positive for Covid 19.
The CCMA in making a ruling that was later challenged at the Labour Court considered the fact the company policy did not stipulate that an employee needs to report to the company that they took a Covid 19 test and share the results thereof.
It is paramount that a Covid 19 policy addresses this as it can be a shortfall in how to handle a Covid 19 case within the organisation. A Covid 19 policy needs to address what steps an employee needs to take and how to take those steps in the organisation, there needs to be a clear channel to follow.
The Covid 19 policy needs to clearly stipulated the sanction for breach of the policy according to severity of the breach.
The Labour Court found that while it is significantly important to have a policy in place to address this pandemic in the workplace, it is also imperative to enforce the policy such that it is effective and adhered to by all.
What’s the use of having a fancy policy that no one adheres to?
If Covid 19 is to be defeated, then there needs to be enforcement of the policy in the workplace. The other significant ruling made by the court is that an employee can be dismissed for not adhering to the policy as this; depending on the nature of the breach can lead to gross misconduct and gross negligence which are both dismissible offences.
The court set aside a ruling made by a CCMA commissioner that dismissal for gross misconduct and gross negligence was not substantively fair as the company had not complied with it’s own policy which stated a final written warning as a sanction for the offences.
The Labour Court found that dismissal was substantively was fair as there was gross negligence and gross misconduct relating to breach of Covid 19 policy.
In conclusion, I want to categorically state that a Covid 19 policy need not be taken lightly, it needs to be properly drafted and clearly articulate the necessary precautions that need to be taken into consideration in trying to fight Covid 19.
The policy needs to articulate the steps to be taken should an employee disregard the provisions of the policy as well as clearly articulate the sanction to be applied on those who breach this policy, clearly stating the nature of the breach and the appropriate sanction to that breach.
It is crucial that companies develop policies that compels the employee to disclose if they have tested for Covid 19 or not and the results as well, as this goes a long way in preventing the spread of the virus.
The courts have recognised that failure to adhere to Covid 19 policies and rules within the company are offences of a serious nature and dismissal is justified, it should be treated like any other offence that an employee commits and faces the consequences.
Organisations need to make sure they enforce this policy as they enforce any other policy for it to be effective and to really make an impact in the fight against Covid 19.
Social distancing, sanitizing of hands and wearing masks should be strictly enforced and action be taken against those who do not comply with this.