In the matter of Eskort Limited v Mogotsi, the Labour Court held that the dismissal of an employee on the grounds of gross negligence and failing to comply with the health and safety
protocols in the workplace was fair.
The employee in this matter attended the workplace whilst knowing that he was in close contact with a co-worker who had tested positive for COVID-19, after having gone for a COVID-19 test himself and even after receiving his positive COVID-19 test result. He furthermore, after receiving his positive COVID-19 test result, failed to wear a mask in the workplace and even had physical contact with a co-worker. The Labour Court held that the employee’s conduct was not only irresponsible and reckless but was also inconsiderate and nonchalant. Furthermore, the employee’s conduct was of such a gross nature that a trusting and working relationship between the employee, his co-workers and the employer could not be maintained.
Notwithstanding the above, employers should, however, also take note that the Labour Court
cautioned employers to ensure that these types of incidents do not happen in the workplace.
The Court held that health and safety protocols in the workplace are rendered meaningless if
employees and employers alike do not take them seriously.
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