Since the first COVID-19 lockdown was implemented on the 26th of March 2020, we have been forced to adapt to a rapidly developing digital environment. Business keeps on running, and the work never stops, whether it being in the form of work from home or working at the place of employment.
With face to face consultations between employer and employee/s not always possible, either due to national restrictions under the various alert levels or the contribution that it has in the rise of COVID-19 infections. Leaving us with no other option other than to rely on technology to virtually meet, ensuring that the parties involved not being in the same room.
A virtual consultation occurs over video links and enables the parties involved to consult via video conferencing technology. Zoom, Skype, Teams and others platforms have become household names since the struck of the COVID-19 pandemic.
In the case of Food Allied Workers Union (FAWU) v South African Breweries [2020] JOL 47365 (LC), it was found that because of the new normal, there is nothing procedurally unfair if a consulting party suggest the usage of video conferencing and that the facilitator was not averse to the use of Zoom as Zoom was used for video conferencing in this instance.
Where there is not a law that prohibits documents from being signed electronically, an electronic signature will have the same enforceability as a handwritten signature. Therefore, documentation relating to labour matters can be electronically signed once the meeting or disciplinary hearing has been concluded.
With a rise in COVID-19 infections and the opportunity to avoid close personal contact, this technology must be put to optimal use. As such, there is no excuse not to be able to facilitate the needed meetings or conduct the much-needed disciplinary hearings.
At SEESA, we have embraced the dawn of virtual consultations via video conferencing technology. Contact your nearest SEESA branch today for professional assistance.
About The Author:
Johan Bekker started his career at SEESA in 2019 and is currently a Legal Advisor at SEESA’s Bloemfontein. He obtained his BCom(Law) degree from the University of the Free State and his LLB degree from the University of Potchefstroom.
References:
• LexisNexis Case Law
• Webberwentzel.com