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
What is the relevance of s 52 of the MPRDA on retrenchments in terms of section 189 and 189A in the mining industry?
In National Union of Mineworkers v Anglo American Platinum Ltd & others (Amplats), on 15 January 2013, Amplats had [...]
Renewable energy tax incentives
and Luke Magerman, Candidate Attorney The draft legislation to give effect to the two renewable energy tax incentives announced in [...]
Breaking the Chains: the Case of Ndwandwe v Trustees of Transnet Retirement Fund and others – A not-so-friendly reminder that a pension fund is not bound by a nomination form
and Karabo Kekana, Candidate Attorney The recent decision of Ndwandwe v Trustees of Transnet Retirement Fund and others[1] (the Ndwandwe [...]
E-waste versus Sustainability: A battle between people, big tech and responsible recycling
A study conducted by the United Nations University in 2019 estimated that approximately 53.6 million metric tonnes of electrical and [...]
The danger of cutting and pasting provisions in your settlement agreements!
On 21 February 2021, the Labour Appeal Court in Wheelwright v CP de Leeuw Johannesburg (Pty) Ltd (2023) 44 [...]
Mining terminology: the difference between “accepted”, “granted” “executed” and “registered”
Four of the most common words that one hears in conjunction with mining rights, prospecting rights are "accepted", "granted", [...]