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
Minister issues new Code of Good Practice on the preparations and implementation of the Employment Equity plan
On 12 May 2017 notice was given, by way of Government Gazette, in accordance with section 54 of the Employment [...]
Private dispute resolution – on the rise, and why not?
More and more private companies and individuals are turning to private resolution of their disputes for a variety of reasons [...]
Inadequacy of law in the digital age
Technology is advancing much more quickly than most people anticipated even a decade ago. This begs the question as to [...]
Competing in a vacuum or not
INTRODUCTION In a modern day society, thanks to technological advancements, information is readily accessible to anyone at any [...]
Wheels in motion – the public passenger transport market inquiry
INTRODUCTION The Competition Commission ("Commission") has launched yet another market inquiry. In this instance, the focus is on the [...]
Telecommunication, economic growth and regulatory intervention
INTRODUCTION On 24 May 2017, Dr. Siyabonga Cwele, the Minister of Telecommunications and Postal Services delivered his department's 32nd [...]
