Legal updates and opinions
News / News
Temporary Employer/Employee Relief Scheme (“TERS”) extension: appeal process and update
Temporary Employer/Employee Relief Scheme (“TERS”)
On 27 March 2021 the Unemployment Insurance Fund (”UIF“) issued a letter outlining the appeal process for the lockdown period 16 October 2020 until 15 March 2021.
On 1 March 2021 the UIF opened its online portal for sector based claims. The online portal performed a “real check on the business activity and the main division sector selected by the user”. If the sector selected did not match with the SARS database, one of the following error messages would be generated preventing a claim being lodged.
- The Entity is registered with SARS without Industry/Sector classification;
- The Entity is registered with SARS under “‘|sars class| ‘”class, which is not a qualified sector category for TERS payment; or
- The Entity is not registered with SARS under a qualified sector category for TERS payment (the entity is not registered)
This decision can either be accepted or rejected. Appeals can be lodged via the UIF Call Centre from 6 April 2021. The employer will be subjected to an authentication process and a link will then be sent to the employer to upload an appeal form as well as supporting documentation. A decision will then be made to accept the appeal or decline it.
If the appeal has been approved, the employer may re-lodge their TERS claim within 72 hours. Employers will select their business activity as previously done and select “OTHER (APPROVED APPEALS)” for the main division sector.
Further details regarding the appeal process, as well as further information on changes to the TERS bank verification system, are contained in the letter, which can be accessed at https://www.nsbc.africa/storage/covid_files/1617092816.pdf .
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney
Latest News
Retrenchment consultations: the use of video-conferencing
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an employer may [...]
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 [...]
