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
EMPLOYEES MAY APPROACH THE LABOUR COURT DIRECTLY TO ENFORCE THEIR RIGHTS UNDER THE BASIC CONDITIONS OF THE EMPLOYMENT ACT
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether the Labour Court [...]
THE RESTRICTIONS ON A COMMISSIONER TO DEAL WITH A DISPUTE NOT FORMALLY BEFORE HIM
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether the commissioner acted [...]
SECTION 198A(3)(B) DEEMING PROVISION: LIABILITY FOR THE CLIENT EMPLOYER REGARDLESS OF THE ROLE THAT THE EMPLOYER STILL RETAINS
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE In the case of [...]
PARENTAL LEAVE BENEFITS: NEW REGULATIONS TO THE UNEMPLOYMENT INSURANCE ACT 63 OF 2001
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney On 4 November 2019 the [...]
RESIGNATION WITH IMMEDIATE EFFECT – A TALE OF CONFUSION
By Sandile Tom, Director and Dale Adams, Candidate Attorney It is trite law that certain prescribed periods of notice become [...]
DISMISSED FOR NOT ACCEPTING AN EMPLOYER’S DEMAND – WHEN IS THIS AUTOMATICALLY UNFAIR?
By Bradley Workman-Davies, Director The Labour Relations Act, 66 of 1995 ("LRA"), which generally protects employees in South Africa against [...]
