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 Facebook data breach – #thisisyourdigitallife
by Ahmore Burger-Smidt, Head of Data Privacy Practice WHAT MESSAGE DOES THE FACEBOOK DATA BREACH HOLD FOR SOUTH AFRICA AS [...]
Excon and cryptocurrencies
INTRODUCTION In a recent Werksmans Tax Brief (https://bit.ly/2K2emv1) we discussed the current SARS view on the South African tax treatment [...]
INSOL International: Restructuring Options for MSMEs and Proposals for Reform – South Africa
Directors, Nastascha Harduth and Dr. Eric Levenstein contribute on the Special Report on MSME insolvency, giving a holistic South African [...]
Restraints of trade
By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney RESTRAINTS OF TRADE A restraint of trade is a provision in [...]
Does the inconsistent application of the requirements set out in a promotional post advertisement constitute an unfair labour practice?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is an employer's failure to consistently apply the requirements [...]
Can you dismiss an employee for posting a racist comment on Facebook?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is a dismissal of an employee who posted alleged [...]
