Abstract:
The emergence of the COVID-19 pandemic and its consequences were
overwhelming at South African workplaces. It had a significant impact on
public and private life in South Africa and harsh rules were imposed that
severely restricted social gatherings and other economic activities.
Employers and employees grappled with issues like compulsory
vaccinations, social distancing and the implementation of workplace
policies at the workplace. The repercussions of the COVID-19 limitations
are still being experienced after the lifting of the state of disaster. Among
the issues are a troublesome economic downturn, significant job losses
and a struggle to convince workers to return to workplaces. The
Constitution, 1996 establishes a human rights-centred backdrop against
which the picture of the pandemic is unfolding. Added to this, South Africa
has a range of legislative instruments that regulate aspects like unfair
dismissal and collective bargaining at workplaces. This placed South Africa
in a position to regulate the COVID-19 pandemic in society at large, and
workplaces in particular. A collection of the tribunal and court decisions
regarding COVID-19 at the workplace have wound their way through the
dispute resolution institutions. This contribution navigates relevant aspects
of the Constitution as well as disaster management and labour legislation
before reflecting on a selection of jurisprudence. The authors argue that
there are important lessons to be gained from these early cases.
Nonetheless, there are also unanswered questions of a constitutional
nature that still need to be finalised. They also voice suggestions in the
conclusion that may be of assistance to employers, employees, academics,
and policymakers alike - that would also apply should future pandemics
pester the South African society.
