1) Are we obliged to allow all staff to return to work due to the commencement of level 3 of the lockdown?
Employees that are high risk and those that can work from home should continue to do so. Essential staff required for operations may return to work, however strict safety measures must be in place.
Social Distancing, wearing of masks (PPE), screening, and sanitise stations need to be provided.
2) If UIF TERS is still available, should staff which are not affordable be told to stay at home and be paid via TERS?
Yes. You can continue to claim for staff that are on lay off until the end of June 2020.
3) If we are not able to pay staff using TERS after the TERS system is no longer available, should we then initiate retrenchment proceedings or short time to cope with the financial downturn?
Before starting a retrenchment process, the employer should exhaust all alternatives, such as implementing short time and perhaps a reduction in salary. These mentioned alternatives are however subject to consent from affected employees.
4) How can one be fair in determining who can return to work in each division? Should it be based on who is needed for the job only, or any other criteria?
Operational Requirements will ultimately dictate who should return to work at this time. If at all possible, employees should be rotated in order to allow all employees to work. High-risk individuals and employees who can perform their duties from home should continue to do so.
5) If there is no prospect of certain divisions returning to full capacity at all, do we need to initiate retrenchment proceedings and is there any form of government financial assistance for this?
Retrenchment must always be seen as a last resort.
If one has exhausted all options available, including but not limited to short time, lay-off, and the COVID-19 Relief Fund, then the employer may consider retrenchment.
About the Author: Ryan King is an admitted attorney. He obtained his LLB degree at UNISA. He started working as a legal advisor in 2014 and is currently employed as a senior legal advisor at SEESA Labour’s Gauteng office.