Worker can’t be fired for suspected corona

WHEN this employee left work to go to the clinic to fetch his meds, his employer told him he doesn’t want him back.

Scorpion Legal Protection discusses what the law says. The employee was going to fetch medication, one of the services classified as essential for lockdown purposes.

Preventative measures should be taken by all concerned to ensure there’s no spread of the virus.

By visiting the clinic, there’s no way the manager knew for sure the employee will come into contact with people suspected Covid-19 cases.

It’s pure discrimination on the part of the employer to claim the employee will get the virus just by going to fetch his medication.

It’s the employer’s responsibility to ensure employees’ health and safety at the workplace.

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 stop the spread of the virus, such as testing and personal protective equipment for all employees.

The employee didn’t come back to work because of what his employer told him, but he’s also not phoned his employer to find out about the status of his employment – he doesn’t know if he’s been dismissed or if he still has a job.

The employee must call his boss and find out.

If it turns out he’s been dismissed from work, the employee can refer the matter to the CCMA or the relevant bargaining council like the Motor Industry Bargaining Council.

He must do so within 30 days of the date of dismissal.

Tips

• You can’t simply be dismissed. Even during lockdown, employers must follow proper procedures and according to labour law.

• The CCMA is fully operational again nationally from 18 May 2020 (8am-4pm).

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ing lockdown. *

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.