“She was happy, but this is probably just the start of things. She is not paid yet as per the award.”
He said if the ruling was reviewed, the award could be suspended pending the outcome.
His firm had represented her on a pro bono basis and if the matter was taken to the labour court, it would be difficult for her to afford a legal representative, Masongo said.
“Where will [she] get money to push this case?”
He said according to his experience, the review could take a year.
Law firm ENS Africa noted the CCMA ruling was in contrast with a previous ruling by another commissioner relating to the same employer and the same mandatory vaccination policy.
In the first CCMA dispute involving Baroque Medical, ENS Africa said the CCMA found the employer was justified in implementing mandatory vaccination in the workplace as a mechanism to curb absenteeism related to Covid-19 and that a failure to vaccinate led to a substantively fair dismissal for operational requirements.
Tshatshu, who produced medical certificates from doctors regarding her health, challenged the implementation of the policy. She argued that meetings were mostly being done remotely, she was given a laptop and worked alone in a boardroom and social distancing and other protocols were in place. She did not see the need for the vaccine mandate.