Dismissal of an Employee for Failing to Follow COVID-19 Regulations: Eskort Limited v Mogotsi [2021] JR1644-20 (LC)

• Author: Delani Milton Mahhumane
• DOI: 10.25159/2522-6800/9718
• Published date: 01 June 2022
• Date: 01 June 2022
• Pages: 1-11

Case Note

Southern African Public Law

https://doi.org/10.25159/2522-6800/9718

https://unisapressjournals.co.za/index.php/SAPL

ISSN 2522-6800 (Online)

#9718 | 11 pages

© Unisa Press 2022

Dismissal of an Employee for Failing to Follow

COVID-19 Regulations: Eskort Limited v Mogotsi

[2021] JR1644-20 (LC)

Delani Milton Mahhumane

University of South Africa

dmahhumane@gmail.com

Abstract

This case note discusses and analyses the COVID-19 impact that resulted in an

employee’s dismissal for failing to follow COVID-19 regulations. The Eskort

Limited v Mogotsi [2021] Jr1644-20 (LC) case is critically discussed because it

establishes a precedent on how employees should take precautionary measures

and the COVID-19 regulations in combating the virus at the workplace. This is

the first case to assess the fairness of an employee’s dismissal for failing to

follow COVID-19 requirements. This decision is reviewed in light of the lessons

that may be drawn from workers who are careless and fail to take the required

precautions to avoid the spread of COVID-19 in the workplace. COVID-19

policy regulations have imposed certain regulatory measures on businesses in

order to implement proactive interventions that could slow down the spread of

the virus. The objective of these procedures is for the purpose of saving human

lives.

Keywords: Gross negligence; gross misconduct; COVID-19; reasonableness;

dismissal; arbitration award; employee; commissioner; Coronavirus Site

Committee