A former Checkers employee was unsuccessful in his bid to regain his job after he was dismissed for failing to wear a mask during the Covid-19 outbreak.

Kamogelo Ramogotwane, through the South African Commercial, Catering and Allied Workers Union (SACCAWU), brought a review application in the Labour Court in Johannesburg seeking to overturn a decision made by the Commission for Conciliation, Mediation and Arbitration (CCMA).

During proceedings at the CCMA, Ramogotwane acknowledged his failure to wear a mask—a requirement imposed both by his employer and governmental health regulations at the time. Yet, he argued that rather than facing dismissal, he should have received a warning.

However, the Commissioner found that Ramogotwane was fully aware of the rules set by Checkers and the legal mandates that enforced mask-wearing.

Therefore, the Commissioner found that a dismissal was appropriate due to the consequences of not wearing a mask.

Acting Judge Malcolm Lennox, tasked with reviewing the case, focused on whether the CCMA's determination that Ramogotwane's dismissal was justified constituted a gross irregularity.

Judge Lennox emphasised that there was evidence which reflects that Checkers had a briefing discussion during a staff meeting held in January 2021 where employees were told to wear a shield and mask.