Article written by Albert Mouton (SEESA)

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 note that employers are not legally obliged to pay staff and may put staff on lay-off whereby no work is rendered but likewise no remuneration is paid by the employer. Where employees have lost out on their normal remuneration or a portion thereof, they are eligible to claim from the COVID-19 Temporary Employee/Employer Relief Scheme.

Article by Herklaas Oberholster (Legal Advisor in Labour Department Seesa)

Now and again, a pandemic takes the world by storm. From the “Spanish Flu”, the 1918 influenza epidemic to the more recent swine flu outbreak of 2009. Each brought with it its hysteria and pandemonium. The present-day cause of great concern and panic that has taken over the world at large and remains a hot topic on everyone’s lips is the COVID-19 disease, more commonly referred to as the Coronavirus. 

Article by Carla Meiring (SEESA)

Submitting false documentation is a serious offence which warrants a hearing, sadly employers are often lost when trying to establish if medical certificates are valid and this misconduct is often overlooked.

Article provided by Sanlam and written by Jan Truter for www.labourwise.co.za Load shedding is having a devastating impact on businesses. Questions that typically arise are: Do employees have the right to be paid if they are unable to work during power outages, and may employers change working hours to fit in with load shedding schedules? In this article, we will revisit the relevant principles again to make sure they are aligned with current acceptable employment practices.

Article provided by Sanlam and written by Barney Jordaan for www.labourwise.co.za The national minimum wage (NMW) came into effect on 1 January 2019. What exactly does this mean for employers and employees? R20 per hour The new minimum wage of R20 per hour applies across all sectors, with a few exceptions.

Temporary exceptions

The exceptions include domestic workers, farm/forestry workers and workers employed in Expanded Public Works Programmes. These exceptions will only be temporary. It is envisaged that there will be a gradual adjustment of certain wages to come in line with the NMW. As a first step, these minimum wages will be as follows:

• Domestic workers: R15 per hour
• Farm/forestry workers: R18 per hour
• Workers employed on Expanded Public Works: R11 per hour

Schedule 1 of the National Minimum Wage Act of 2018 states that these minima will be effective “from a date fixed by the President by proclamation in the Gazette”. Although this suggests a future date that is not yet known, some commentators have assumed that it should also be 1 January 2019. While we disagree with the latter interpretation, we nevertheless recommend that our readers adhere to the stipulated minima as from 1 January 2019.

Article provided by Sanlam and written by Barney Jordaan for www.labourwise.co.za People may no longer be prosecuted for cultivating, possessing and using small amounts of dagga for private purposes. But what are the consequences for the workplace? The recent decision of the Constitutional Court in Minister of Justice & Others v Prince & Others to decriminalise the cultivation, possession and use of dagga for private purposes set the cat among the pigeons for employers. Questions raised by employers include whether employees are now allowed to use marijuana (dagga) during working hours; whether possession of it on the employer’s premises is permitted and whether an employer may still take action against an employee who is under the influence of dagga or has dagga in his system.