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Dr Hilda Grobler
Senior Arbitrator and Mediator
Hilda has over 30 years’ experience in conducting arbitrations, mediations and workplace facilitations, as well as in the chairing of disciplinary enquiries and appeal hearings.
She presided in the Industrial Court from 1990 – 1999 and is currently an accredited arbitrator (Association of Arbitrators) and senior commissioner at the CCMA and various bargaining councils. Hilda is also an accredited mediator (Conflict Dynamics; South African Medico-Legal Association; LEAD – Court Annexed Mediation) and has conducted a number of investigations for large organizations. Hilda is an experienced trainer/lecturer, and regularly teaches the Legal Drafting modules in the Post Graduate Diploma in Industrial Relations at UKZN.
BA, University of Natal
BA Honours UNISA
MA, University of Pretoria
LLB, University of Natal
PhD, University of Natal
Senior Teacher’s Diploma (Durban Teachers Training College)
South African Society for Labour Lawyers (SASLAW)
Member of South African Medico-Legal Association
Fellow of the Association of Arbitrators Southern Africa
Member of Tokiso Alternative Dispute Resolutions
KZN Provincial Treasury Municipal Bids Appeal Tribunal Chairperson
Does the vaccination proof-requirement amount to unfair discrimination against people who have elected not to be vaccinated? The answer to this question is quite simply ‘NO’.
The principle that individual rights are outweighed in certain circumstances is well established in our law, as indicated by a number of judgments which confirm that an individual’s right to refuse being vaccinated in terms of section 12(2)(b) of the Constitution is not cast in stone.
The publication of the revised Consolidated Directions on Occupational Health and Safety Measures in Certain Workplaces on 11 June 2021, does not mean that employers are now entitled by law to subject employees and independent contractors to mandatory vaccinations.
The developing law has been and is still being outpaced by the coronavirus pandemic, but it is quite apparent that while the employer bears the obligation to ensure that the workplace is safe, the employee also has corresponding obligations.
We know that employers must provide a safe workplace. But what are his rights, and what demands can he make on employees in implementing and managing the containment of the COVID-19 pandemic?
A discussion of a recent Labour Appeal Court judgment which finally explains exactly what an order of “reinstatement with retrospective effect” actually means, and what applicants need to do in the event that a respondent refuses to comply with such an order.