Question
Thomas was hired as a messenger at Ozwald Co. Ltd in 1995. Over the years, with hard work he was able to obtain several promotions.
Thomas was hired as a messenger at Ozwald Co. Ltd in 1995. Over the years, with hard work he was able to obtain several promotions. With each position he was given a new contract of employment which contained all relevant clauses including one stating that the "signatory agrees to be bound by all the terms, conditions and policies set out in the Company Manual". Thomas never had an issue with this or any other clauses, he therefore religiously signed each contract without question. Over time several new policies were inserted into the list of policies while other policies were amended. Pursuant to the contract of employment all policies took automatic effect on all employees who signed the contract of employment including Thomas . In 2021 Thomas applied for the position of Policy Co-ordinator and was successful. He was offered a contract of employment which he accepted by signing. This contract contained the usual terms and conditions including adherence to all company policies. In May 2021 Ozwald Co. inserted a new policy about the ongoing Covid 19 pandemic. The policy inter alia stated that in the support of the current vaccination drive, all Ozwald Co. employees must be vaccinated against Covid-19. This policy had automatic effect and therefore directly applied to all employees in the usual manner. During the implementation phase of this policy Thomas found out about the Covid policy. He immediately informed the Managing Director Mr. Ground that he will not be taking the Covid vaccine due to religious and other reasons. Thomas was immediately dismissed and was told to go home. Advise the following:-
a. Advise Thomas on the behaviour of Ozwald Co.
b. Advise Ozwald Co. on the behaviour of Thomas.
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