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

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.