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, [...]
Is an employer authorised to extend the Probation Period of an employee as a result of COVID-19?
It is not unusual to find that a contract of employment includes a probation clause. New employees are typically employed on probation for a determinable period considering the nature and scope of the job. The purpose of this is to evaluate the employee’s performance. However, there are instances where probation may be interrupted or may [...]
Road Freight and Logistic Industry Planned National Shutdown
Dear CEO Members Please note that on the 07th of July 2020, the Department of Employment and Labour spokesperson Teboho Thejane issued a statement in that the National Joint Operational Structure (NatJoints), consisting of various government departments in the security cluster has issued directives to law enforcement role players, including the South African Police [...]
Demotion as an alternative measure to retrenchment following the effects of COVID-19
Employers may find that they cannot carry the financial burden of retaining all of their staff compliment post lockdown as a result of the financial position they find themselves in. Many employers might be contemplating retrenchments and dreading the idea of losing any of their employees as a result of financial restraints. In terms [...]
Contradicting judgments spark confusion over “no work no pay”-principle
The principle of "no work no pay" has been widely discussed and enforced by employers during the Covid-19 pandemic. There has been some confusion regarding the topic, none more so than in our courts. In the matter of Mhlopheni v Mezepoli Melrose Arch and Others [2020] ZAGPJHC 136 (3 June 2020) the Johannesburg High [...]
UIF TO CONTINUE ACCEPTING CLAIMS FOR THE THREE-MONTH PERIOD OF THE COVID-19 TERS BENEFIT
Dear CEO Members On the 02nd of July 2020, Makhosonke Buthelezi the Director of UIF Communication and Marketing indicated that the Unemployment Insurance Fund Commissioner Teboho Maruping stated that the Fund would continue to accept and process Covid-19 TERS claims submitted for April, May and June 2020 as per the directive issued by Employment [...]
Juggling the employees’ religious rights and the need for personal protective equipment
Due to the global pandemic of coronavirus, extra safety measures and regulations have been put in place to curb the rising infection rate. These safety regulations have become imperative not only to our daily lives but for the health and safety plans employers are required to implement in terms of the occupational health and safety [...]
The UIF will not pay out after June
The Unemployment Insurance Fund (UIF) is committed to pay millions of workers their relief payments under the COVID-19 TERS until the end of June, 2020. UIF states that they remain committed to paying the TERS Benefits till June 2020 as per the initial Directive of 26 March 2020. The benefits will continue to be [...]
Tourism, Restaurants Back in Action
On 28 June 2020, the Directions on the Risk Adjusted Strategy for Tourism Facilities, Services and Products was Gazetted. The said Directions cover the following tourism sectors:- Restaurants, fast food outlets and coffee shops; Lodges, bed and breakfasts, time-share facilities and resorts and guest houses; Self-drive Excursions; Conference and meeting venues; and Casinos [...]