Legal updates and opinions
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
The Case Of Copy-cat Packaging
By Janine Hollesen, Director, Head of Intellectual Property Practice Not only must a manufacturer of products consider whether the packaging [...]
POPIA and RICA – ACRONYMS AND PRIVACY
By Ahmore Burger-Smidt, Head of Data Privacy Practice In digital era, privacy must be a priority. Is it just me, [...]
Imminent Changes to US Immigration Program
There has been a lot of recent media attention surrounding the EB-5 Investment Visa Program, and for good reason. South [...]
IFLR1000 Financial and Corporate Rankings 2020 Edition
IFLR1000 has released its latest rankings which reflects our market standing within the financial and corporate practice areas. This is [...]
The major cyber security risks to your business
by Ahmore Burger-Smidt, Head of Data Privacy Practice Online security is one of the most important things to consider in [...]
Average data breach costs SA companies R50m
With data breaches becoming commonplace it seems as if businesses need to now consider not whether they will be victims [...]
