Restructuring in the time of Covid-19: What can the employer anticipate after Consultations?
The effect of the national lockdown on business owners, instituted at the end of March 2020, cannot be understated. As it currently stands, South Africa is observing high rates of Covid-19 infections and some restrictions remain in place under level 2 lockdown. As a result, employers have had to utilise the Covid-19 Temporary employee/employer Relief [...]
Amendments made with regards to Movement of Persons, Gathering and Sporting & leisure during the “advanced” Alert Level 3 Lockdown
Dr. Nkosazana Dlamini Zuma has issued Government Gazette Number 43577 on 31st July 2020 in terms of Regulation 27(2) of the Disaster Management Act, 2002 (Act no. 57 of 2002). The Directive issued addresses amongst other things, amendments made with regards to Movement of Persons (regulation 33), Gathering (regulation 37) and Sporting & leisure [...]
Amended Directive which serves to regulate public access to the CCMA
As from the 1st August 2020, the CCMA will implement an amended directive which serves to regulate public access to the CCMA, the manner in which it conducts its statutory dispute resolution function and the services it renders to the public. Some of the important amendments include: Referral of disputes Parties are not permitted [...]
Dealing with information regarding an Employee’s COVID-19 status in the workplace
Employers have a duty to uphold an employee’s privacy regarding his or her health. At first glance, the duty to protect an employee’s private information is not problematic, however, the current regulations relating to Covid-19 has complicated the issue. Employers are faced with the challenge of balancing an employee’s right to privacy concerning his or [...]
SARS Gives Employees who work from Home a Reason to Smile
Government has urged employees to work from home where operational circumstances permit as a measure to curb the spread of the pandemic in the workplaces across South Africa. Many employers across the country have accommodated their workers, allowing them to work remotely. Amid some uncertainty, SARS has confirmed that employees who worked from home [...]
Directive on workplace contracted COVID-19
On 23 July 2020, the Directive for compensation of workplace-acquired novel Coronavirus disease came into effect and shall be implemented with immediate effect. This Directive relates to employees who contract COVID-19 through the following scenarios: work-related exposure; exposure to suspected or confirmed COVID-19 cases in the workplace; while travelling on an official work assignment [...]
Virtual Hearings in the Context of COVID19 – helpful or harmful?
Having reached the peak of the Covid19 pandemic, the need to limit oneself to possible risks of exposure has been heightened. Therefore, being required to attend labour disputes at venues like the CCMA may be disconcerting for many, and rightfully so. Numerous CCMA offices have been forced to close temporarily as a result of employees [...]
Does the termination of an apprentice arrangement amount to a dismissal?
“That apprentice cannot take me to the CCMA” are words that we hear so often from employers, however, are these employers factually correct? Piet Du Plessis was appointed in terms of an apprenticeship programme at X Trucking and received a formal letter of appointment for 1 April 2020. The appointment letter further stated that [...]
The effect of COVID-19 and what procedures the employer should follow when dealing with possible incapacity in the workplace
To date, there are over 275 000 confirmed cases of the virus in South Africa. Due to the close proximity of employees in workplaces, it is imperative that employers consider the risks posed by the virus and the legislative obligations as employers. On any day they run the risk of people who are infected with [...]
NEWS: New Lockdown Regulations Under Level 3
The amendments to the regulations come after President Cyril Ramaphosa announced the reintroduction of new lockdown restrictions on Sunday evening, 12 July 2020 as the country faces a surge in coronavirus cases. “The storm is upon us,” the President said. “More than a quarter of a million South Africans have been infected with coronavirus, [...]