Silindokuhle Magagula

E ENS More ENS is an independent law firm with over 200 years of experience. The firm has over 600 practitioners in 14 offices on the continent, in Ghana, Mauritius, Namibia, Rwanda, South Africa, Tanzania and Uganda. South African employers and business owners often rely on post‑termination restraints to protect customer relationships, confidential information... South Africa Employment and HR

In the wake of the landmark decision in Minister of Justice and Constitutional Development and others v Prince and others ("Prince III") which resulted in South Africa's legalisation of the private use of cannabis, the interaction between the right to use cannabis for cultural purposes and workplace testing policies is still a burning issue. This was one of the issues the Labour Court had to delve into in the recent decision in Marasi v Petroleum Oil and Gas Corporation of South Africa.

(Photo: Gallo Images / Lefty Shivambu) With the roll-out of the Covid-19 vaccine in motion, numerous employers are wanting to impose mandatory vaccination as part of their health and safety protocols. The question is whether employers may fairly dismiss their employees for refusing to take the vaccine? In this article, we deal with the legal position relevant to this question. Previous articles in this occasional series can be read here and here and here. Is the dismissal automatically unfair?