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New Directive on Access to the CCMA during COVID-19 Pandemic

On 30 July the CCMA issued a new directive on access to the CCMA during the COVID-19 pandemic which came into effect on 01 August 2020. This Directive serves to amend the Directives regulating access to the CCMA that were issued by the CCMA Director on 08 May 2020 and to repeal the subsequent Directive […]

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COVID-19: Sick Leave – who is liable to pay?

As the country moves from Alert Level 4 to Alert Level 3 on 01 June 2020 the number of COVID-19 infections is expected to rise. The effect of this is that many employees will not be able to work and there will be disruption in production anywhere from one or two days to an excess […]

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What are the requirements to consult with staff when opening under Level 3?

There seems to be conflicting views being put forward with regards to the implementation of short-time or temporary lay-offs following the President’s announcement of the country-wide move from Level 4 to Level 3 restrictions. Companies are not required to implement either short-time or temporary lay-offs when contemplating the return to work, but rather its own […]

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Is daily temperature testing a legal requirement in the workplace?

Yes, it is. The Minister of Employment and Labour issued a directive on Health and Safety in the Workplace on 28 April 2020 which was published under Government Gazette number 43257 on 29 April 2020 Clause 21 specifically deals with symptom screening in the workplace and states the following: 21. Every employer must take measures […]

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Is an Employer obligated to pay for the COVID-19 testing of an Employee?

Employers may be presented with the circumstance wherein an employee reports for duty and it is discovered that he/she is presenting with one or more of the symptoms associated with COVID-19. It is important to know and understand your financial and practical obligations as an employer should this situation arise. Fortunately, the Directive entitled “Disaster […]

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18 May 2020: The CCMA has reopened

The Director of the Commission for Conciliation, Mediation and Arbitration (CCMA) has announced that the CCMA’s offices, nationally, will be open and operational from 18 May 2020. While members of the public will only be able to access any of the CCMA’s offices from Wednesday, 20 May 2020, they will now be permitted to submit […]

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In light of the COVID-19 outbreak, may an employer force an employee who has been absent to disclose his or her medical condition?

In the ordinary course, a medical practitioner who completes a Medical Certificate to be presented to his/her patient’s employer will not disclose the medical condition suffered by the patient. Instead the Medical Certificate will merely indicate that the employee suffered from a “Medical Illness” which prevented him/her from reporting for duty. This may be particularly […]

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COVID-19: Risk Assessment Plan

Companies are preparing to open their doors for the first time in 5 weeks. Before they do, however, they are required to carry out ‘workplace preparedness‘ assessments to ensure that they provide and maintain a working environment that is safe and without risks to the health of workers. The Department of Employment and Labour issued […]

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VIRTUAL DISCIPLINARY HEARINGS – CAN THEY BE DONE?

The national lockdown caused by the COVID-19 pandemic has posed a significant number of novel problems for companies across the country. Sailing unchartered technological territories has become the norm as companies turn to virtual means to continue business under lockdown conditions. With no definite end to the lockdown in the foreseeable future, one of the […]

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