Gautrain worker dismissed over refusal of Covid-19 vaccine loses Labour Court battle

A Gautrain worker, V Ravele, who refused a Covid-19 vaccine, has lost his Labour Court battle against Bombela Operating Company, which dismissed him for refusing the vaccine. The Johannesburg Labour Court overturned an arbitration award that had found the dismissal to be unfair. Judge Reynaud Neil Daniels ruled that Bombela's employer was justified in dismissing Ravele because he failed to provide a reasonable basis for his objection to the vaccination.

The company had a mandatory vaccination policy during the pandemic to protect employees and the public. Ravele argued that mandatory vaccination violated his constitutional right to bodily integrity and raised concerns about the vaccine's ingredients and long-term effects. Bombela's vaccination review panel rejected his objection, and the company subsequently initiated an incapacity process, suspending him during the matter's resolution.

Ravele proposed regular negative COVID-19 PCR test results instead of vaccination, but Bombela rejected this proposal, stating it was not a viable alternative due to his role requiring frequent contact with passengers and colleagues. The court emphasized that an employee's right to bodily integrity is not absolute and must be weighed against an employer's duty to protect its workforce and members of the public.