With the advent of COVID-19 and the subsequent lockdown which was announced, companies were forced to find alternative ways to complete routine tasks. The use of Zoom, Microsoft Teams and WhatsApp video call quickly became a go-to method for hosting and joining meetings.
The use of video conferencing methods did not come without its own set of problems. Problems with connection, load shedding and distractions at home created new problems for employees working from home. One such example is in the matter of Food and Allied Workers Union (FAWU) v South African Breweries [2020] JOL 47365 (LC).
In the above case the company, South African Breweries (SAB), began with a restructuring process in January which was brought to a halt by the lockdown which was imposed as they were not able to meet with the union for consultations. The facilitator elected to continue with the consultations via the means of video conferencing i.e. Zoom. The union then refused to participate in the consultation process if such was done via video conferencing and brought an application before the Labour Court to compel the employer to comply with a fair procedure in the consultation process and to interdict SAB from, amongst other things, continue with the consultation process without the physical attendance of the union.
Ironically the union agreed for the matter to be heard through Zoom, the same application they were opposed to using for the consultation process with SAB. The court, in dismissing the application of the union, noted that anywhere where technology is employed, it is expected of teething problems to emerge. This does not, however, relegate the technology to obsoleteness to a point of any form of unfairness. The court went further and stated that during the “new normal” created by the lockdown, Zoom can be seen as the appropriate form in which meetings can take place. Employers are thus able to conduct meetings through video conferencing as such will be deemed as fair.
Looking at the judgement from the Labour Court, employers are empowered to use technology to adapt to the changing workplace landscape. Conducting meetings via video conferencing was a method reserved for multinational companies in the past. Since the national lockdown has been imposed, there has been much-needed development on these programs and even small and medium-sized companies can make use of video conferencing platforms for cost and time efficiency.
SEESA has been swift to adapt to the circumstances created by the national lockdown and its aftermath by developing various products and platforms for clients to use, simply call your local SEESA branch for assistance.
About the author:
Ivan Husselman obtained his BCom Law degree from the North-West University Potchefstroom and joined SEESA in June 2018. He is currently employed as a Labour & B-BBEE Legal Advisor at the SEESA Klerksdorp branch.
Resources:
Food and Allied Workers Union (FAWU) v South African Breweries [2020] JOL 47365 (LC).