Pretoria - A now former employee for a car hire company at OR Tambo International Airport, who was dismissed as he refused to get a Covid-19 vaccination on religious grounds, won his case against his employer on arbitration, when the commissioner declared his dismissal to be substantially unfair.
It was ruled that Zenith Car Rental, trading as Avis Rent a Car and Budget Rent a Car, had to pay Owen Cook six months’ salary.
The company had adopted a mandatory vaccination policy, but Cook had applied for exemption from the policy, which was declined.
He was dismissed in March last year for gross insubordination by refusing to carry out what the company said was a reasonable instruction, in that he failed to present a Covid-19 vaccination certificate as instructed.
The employer was of the view that Cook was a front-line worker and could not be reasonably accommodated elsewhere.
Cook turned to arbitration and said he was willing to mask and sanitise, but his employer did not accept this. He also said he had contracted Covid-19 earlier and thus had antibodies.
Cook further held that at the time of his dismissal, the government had already relaxed Covid-19 restrictions.
A risk executive at the company testified the company undertook a risk assessment, and concluded that a vaccination mandate should be in place.
He also said the company could not move Cook to another area, as he was on the front line, dealing with the public.
He, however, couldn’t produce any Covid-19 plan in place by the company.
He also conceded there was no religious expert in the exemption committee and couldn’t recall whether any application for exemption based on constitutional or religious grounds was approved.
The company was of the opinion that Cook’s refusal to vaccinate against Covid-19 in a bid to curb the virus at the workplace, was unreasonable.
Cook testified to his interpretation of the Bible and said due to his strong religious beliefs, he couldn’t be vaccinated. He also indicated that at the time the employer had adopted its mandatory vaccination policy, the government was in the process of easing restrictions. Thus, he maintained, the policy came in very late.
He also indicated he had contracted Covid-19 during November 2021 and had antibodies, and therefore immunity.
Cook alluded to the fact that herd immunity had been reached at the time to substantiate his stance on not being vaccinated.
He said he never meant any disrespect, nor was it his intention to undermine authority, but he simply did not see his way open to getting vaccinated.
The commissioner found the company failed to discharge the onus on a balance of probabilities that the employee was grossly insubordinate when he had failed to present a Covid-19 vaccination certificate as instructed.
“His actions were not that of an employee who was undermining authority and had intentionally and unreasonably refused to carry out a reasonable instruction. He applied for exemption, which was declined.”
Pretoria News