Legal updates and opinions
Authors
News / News
Directive on compensation for workplace-acquired COVID-19
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney
On 23 July 2020 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published a directive on compensation for workplace-acquired Covid-19 (“Directive“). The Directive is published in terms of the regulations issued by the Minister of Cooperative Governance and Traditional Affairs in terms of the National Disaster Management Act 57 of 2002. The Directive replaces the Notice issued on 23 March 2020 (“Notice“) in terms of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (“COIDA“).
While the Directive largely reiterates the provisions of the Notice it does make some notable changes. The notable changes include the following:
- The Directive refers to “employees” rather than “workers” which was referred to in the Notice. The term “employees” limits the scope of application of the Directive (i.e. the term ‘workers’ has been used elsewhere to refer to more than just employees). This is also in line with COIDA, as COIDA is only applicable to employees.
- Healthcare employees conducting cardio-respiratory function testing are now categorised as employees in a very high exposure risk occupation.
- In determining the risk of exposure in occupations, the Directive identifies close contact as being within 1.5 metres of either, people who may be infected with Severe Acute Respiratory Syndrome Corona Virus 2 (“SARS-Cov-2“) (medium risk exposure occupation) or the general public (low risk exposure occupation). This is opposed to the 2 metres previously referred to in the Notice.
- The Directive clarifies that the Compensation Fund does not provide compensation for unconfirmed cases which are still being investigated.
- For employees who are self-isolating or in self-quarantine, employers must comply with the obligations in the Covid-19 Temporary Employee / Employer Relief Scheme (“TERS“) directive or the Consolidated Covid-19 Directive on Health and Safety in the Workplace.
The Directive may be accessed at: https://www.gov.za/sites/default/files/gcis_document/202007/43540gen387.pdf
Latest News
Directors’ duties and obligations in the business rescue process
Introduction Once a company is placed into a business rescue proceeding, the business rescue practitioners immediately step into a supervisory [...]
Labour court provides much needed correction on no work no pay cases
By Bradley Workman- Davies, Director and Neo Sewela, Candidate Attorney The Johannesburg High Court recently found in the matter of [...]
The important role of regional courts in the African Continental Free Trade Area – The Mseto judgment by the East African Court of Justice
By Pieter Steyn, Director The African Continental Free Trade Area ("AfCTA") has raised the prospect of greater trade, investment and [...]
Discovery vs Liberty – When is use of a trade mark an infringement?
by Janine Hollesen, Director Various Discovery companies took Liberty Group Limited (“Liberty”) to court over Liberty’s use of Discovery’s VITALITY [...]
Solutions thick and fast but as of 1 July 2020, innovation must incorporate POPIA conditions
By Ahmore Burger-Smidt , Director, Head of the Data Privacy Practice Group "The recently reported cyber attack on a healthcare [...]
Urgent update: Amendments to lockdown level 3 regulations
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 25 June 2020 the [...]
