During the unprecedented times that we find ourselves living in, the Commission for Conciliation, Mediation and Arbitration has issued a Directive which has been applicable since the 11th May 2020 that records and updates us on the way forward with regards to access to the CCMA in light of the COVID-19 lockdown. As per the CCMA Directive: Access to the CCMA during the COVID-19 lockdown issued by the Director of the Commission for Conciliation, Mediation and Arbitration, Mr Cameron Sello...
Labour
E-COMMERCE TRADING UNDER LOCKDOWN
The past week has arguably delivered one of the biggest changes during the ongoing lockdown with Minister of Trade, Industry and Competition, Ebrahim Patel gazetting new directions on 14 May 2020, allowing for the complete re-opening of e-commerce sales. The change does however not come without some restrictions, as retailers will continuingly not be allowed to sell tobacco and liquor. Despite South Africa being one of the only countries to shut down it's online trading during a lockdown...
Union rights during lockdown
The national lockdown, and subsequent risk-adjusted strategy for economic activity, has had many clients’ question on what rights unions are entitled to during this time, and how such rights are to be exercised. We discuss the various union’s rights hereunder. Section 21 Unions are bound to exercise their rights in terms of Section 21 of the Labour Relations Act, as amended (hereinafter referred to as “the LRA”). Unions seeking rights in the workplace must first send a letter stating they seek...
DOMESTIC WORKERS AND THE COVID-19 LOCKDOWN
The COVID-19 lockdown has had a devastating impact on the South African economy which has been felt by every industry in the labour market. One of the industries most impacted is domestic workers. Employers have been urged by the government to pay their employees’ full salary during lockdown, however many households find themselves in a financial position where they cannot afford to pay a domestic worker’s salary during lockdown. This has resulted in many domestic workers being placed on a...
NOW IS NOT A GOOD TIME TO RETRENCH
The COVID-19 Pandemic and consequent lockdown measures have resulted in many companies facing unprecedented times and experiencing many financial and other challenges, due to them being either: Unable to operate their business, as a result of the restrictions imposed during the lockdown, and subsequently unable to generate an income or provide work to their staff (cannot pay their salaries); orAble to operate their business, but at a severely reduced scale, and subsequently cannot provide...
Keeping it “simple”: A business’s guide to Level Four Lockdown
The current level four of lockdown has led to businesses being flooded with information regarding the newly implemented regulations. During this downpour of information, businesses are trying to keep head above water, between the news, social media and fake news. This article will provide a compact guide to level four of lockdown and the impact it will have on businesses. It is, however, no easy feat to try and summarize government regulations when the goalposts are being moved on an almost...
TERS Applications: Annual Leave benefits
South Africa and the world at large are currently going through a devastating economic downturn as a result of COVID-19. Employers and employees alike are living through an incredibly uncertain time with the nationwide lockdown. Whilst many efforts have been implemented by the Government to lessen the dire economic impact of the lockdown, money from the relief scheme is not always immediately available. For the businesses that have been unable to work during the lockdown, it is important to...
REGULATIONS AND DIRECTIVES FOR ALERT LEVEL 4 IN TERMS OF THE DISASTER MANAGEMENT ACT
Due to the downward scaling of the alert level from 5 to 4, Dr Nkosazana Diamini Zuma, Minister of Cooperative Governance and Traditional Affairs, designated under section 3 of the Disaster Management Act, 2002 (Act No. 57 of 2002), issued amended and published regulations in accordance with level 4 in Government Gazette No. 43258 on 29 April 2020. Co-operative Governance and Traditional Affairs, Department of/ Samewerkede These regulations now allow a wider variety of businesses to resume...
Post-Lockdown retrenchments
On 21 April 2020 President Cyril Ramaphosa outlined an unprecedented R500 Billion social relief and economic support package in response to the devastating effects of the COVID-19 pandemic. This includes R40 Billion set aside for lost wages, of which R1.6 Billion had already been paid out. Various Tax incentives and an R200 Billion loan guarantee scheme to assist an expected 700 000 struggling businesses have been introduced to assist enterprises with operational costs, salaries, rent and...
Can an employer pay employees during the lockdown period and thereafter claim from UIF?
Can an employer pay employees during the lockdown period and thereafter claim the said amount from the UIF? The answer can be found in addressing the so-called COVID19TERS. On the 23rd of March 2020, President Cyril Ramaphosa announced a nationwide lockdown to minimise the adverse effect that the COVID-19 (coronavirus) has on the country, both economically and regarding the health and safety of the country. This was after the coronavirus was declared a National Disaster in terms of the...
