Labour Court Upholds Checkers Employee’s Dismissal for Mask Violation During Covid-19

A former Checkers employee has lost his Labour Court appeal after being dismissed for refusing to wear a mask during the height of the Covid-19 pandemic, a policy that the supermarket giant strictly enforced in line with government regulations.

Kamogelo Ramogotwane, represented by the South African Commercial, Catering and Allied Workers Union (SACCAWU), challenged the decision of the Commission for Conciliation, Mediation and Arbitration (CCMA) in the Labour Court in Johannesburg, seeking to be reinstated.

However, Acting Judge Malcolm Lennox dismissed the application, saying the CCMA’s ruling was reasonable and did not constitute a “gross irregularity.”

Mask Policy Was Clear and Compulsory

At the core of the case was Ramogotwane’s admission that he failed to wear a mask at work,  despite company briefings and a national mandate requiring all employees to do so.

Checkers told the court that staff were briefed in January 2021 about the dual requirement to wear both a face mask and face shield. The company also confirmed that several other employees had been dismissed for similar violations, proving that Ramogotwane’s dismissal was not arbitrary or inconsistent.

“Checkers was not acting in a vengeful manner or from moral outrage,” noted Judge Lennox.

SACCAWU Argued for Leniency

Ramogotwane’s legal team argued that he should have received a warning rather than a dismissal, especially as he had acknowledged the mistake. But both the CCMA and the Labour Court found that health and safety regulations at the time justified a zero-tolerance approach.

The Labour Court found that the decision by the commissioner fell “within the band of reasonableness” and that Checkers had every right to enforce workplace rules during the pandemic.

Why This Case Matters

This ruling underscores the importance of workplace compliance during a public health emergency and supports an employer’s right to enforce rules aligned with national regulations. It also reaffirms that consistency in disciplinary action is a strong defence in unfair dismissal disputes.

The court’s decision sends a message to both employees and employers that workplace safety, especially during a health crisis, cannot be taken lightly.

Case Summary:

• Employee: Kamogelo Ramogotwane

• Employer: Checkers

• Violation: Failure to wear a mask during Covid-19

• Union: SACCAWU

• Initial Ruling: CCMA found dismissal fair

• Appeal Outcome: Labour Court dismissed the review

• Judge: Acting Judge Malcolm Lennox

• Key Point: Employer consistently applied disciplinary rules; no bias found

This case adds to a growing body of legal precedent surrounding labour rights and Covid-era workplace rules in South Africa.

{Source: IOL}

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