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
Telecommunications Media and Technology Africa Quarterly e Bulletin
This e-bulletin highlights key legislative and regulatory developments in the technology, media and telecommunications sectors in sub-Saharan Africa. This issue [...]
The FSCA declares crypto assets as financial products
by Kyra South, Senior associate, and Janice Geel, Candidate Attorney Reviewed by Natalie Scott, Director in Banking and Finance and [...]
Information Exchange and Collusion: Revised (and Trimmed) Draft Guidelines
by Rudolph Raath, Director and Mmamoloko Buthane, Candidate Attorney On 23 September 2022 the Competition Commission of South Africa (Commission) [...]
A reminder to employers: Duties in relation to recovering funds misappropriated by employees
by Jacques Van Wyk, Director, Nasheetah Smith, Senior Associate, and Danelle Plaatjies, Candidate Attorney When employees are found guilty of [...]
Reinstatement as a primary remedy
By Jacques Van Wyk, Director, Michiel Heyns, Senior Associate and, Kelly Sease, Candidate Attorney Summary This case reiterated the principle [...]
Shell judgment underscores need for clarity in public consultation
by Thomas Karberg, Associate. Reviewed by Athi Jara, Director On 1 September 2022, the Eastern Cape Judge President Selby Mbenenge [...]