An urgent case by trade union Solidarity contesting a Pretoria-based company’s policy on forced Covid-19 vaccinations was wiped off the Labour Court’s docket on Thursday, according to Business Day.
On behalf of members Wynand Fransua Coertzen and Stephanie Christensen, who work as software developers and legal advisers for human and industrial relations solutions provider Seesa, the union filed an urgent application with the court.
Solidarity requested the court to issue an order ruling as unconstitutional Seesa’s refusal to allow Coertzen and Christensen to continue their duties.
The court was also asked to deem the company’s required vaccination and admittance policies unconstitutional, as well as to stop Seesa from pursuing action against Coertzen until it followed “a lawful procedure.”
According to the company’s required vaccination policy, “it concluded that vaccination will be mandatory for all employees” owing to operational necessities and occupational health and safety duties.
Solidarity was ordered to pay Seesa’s costs by Labour Court acting judge, Tameshnie Deane, who struck the urgent case off the record.
Seesa said in a statement on Thursday that it is pleased with the decision. “Our main priority remains the health and safety of all our staff and clients. Seesa will continue to impartially advise clients according to the relevant directives and legislation, irrespective of their stance on mandatory vaccination,” the company stated.
The labour court dealt with merely the urgency of the issue, according to Solidarity’s head of communication Morné Malan, who would not indicate when the case will be heard “as we are still waiting for confirmation from the court”.
The decision comes after the Council for Conciliation, Mediation, and Arbitration (CCMA) recently approved as fair a company’s decision to fire an employee who refused to be vaccinated. The CCMA also found on January 25 that Gideon Kok’s suspension by a private security business was not an unfair labour practice.
After refusing to be vaccinated against Covid, Kok was suspended from duty on November 1. Kok’s employment is at a private security firm that works with Sasol, which requires all workers, contractors, and suppliers at its facilities to be fully vaccinated.