Legal updates and opinions
News / News
Temporary Employer / Employee Relief Scheme (“TERS”) update
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney
On 20 April 2021 the Minister of Employment and Labour published a new direction (“the Direction“) in relation to the Covid-19 Temporary Employer / Employee Relief Scheme (“TERS“).
The Direction is, in large part, the same as the direction published on 3 March 2021. Our update regarding this direction can be accessed at https://werksmans.com/legal-updates-and-opinions/urgent-update-extension-of-covid-19-temporary-employer-employee-relief-scheme-ters/).
The primary change provided for in the Direction is contained in clause 4.2 which provides as follows:
“4.2. In order to prove that an employer is unable to make alternative arrangements for vulnerable employees to work from home or take alternative measures, and to prove that an employee is in quarantine or isolation and is entitled to benefits the following is required of the employer;
4.2.1 Must submit the categories of data in (a) to (e) below to the National Institute for Occupational Health in the manner set out in the National Department of Health Guidelines:
a. each employee’s vulnerability status for serious outcomes of a Covid-19 infection;
b. details of the Covid-19 screening of employees who are symptomatic;
c. details of employees who test positive in terms of a positive laboratory test for the Covid-19 virus;
d. details of employees identified as high risk contacts within the workplace if a worker has been confirmed as being positive; and
e. details on the post-infection outcomes of those testing positive, including the return to work assessment outcome.
4.2.2 The employee declaration returns by the employer will confirm loss of income and thus inability to make alternative arrangements for the affected employees.”
The Direction is deemed to commence on 16 October 2020 and remains in operation until 15 March 2021.
Latest News
AI Laws – The Year in Review
DOWNLOAD AI LAWS - THE YEAR IN REVIEW PDF HERE Almost synonymous with 2023 is the term Artificial Intelligence (AI) [...]
Amendments to the Ethical Rules – a step in which direction?
On 17 November 2023, the Registrar of the Health Professions Council of South Africa ("HPCSA") published certain amendments to the [...]
The coming of crypto arbitration
Cryptocurrency and cryptoasset-related (crypto) disputes are on the rise globally.[1] Arbitration is becoming the dispute-resolution mechanism of choice in the [...]
You cannot have your cake and eat it: Lessons from J 1233/20 – Busisiwe Khumalo vs IDC of SA & Bongani Luthuli
The facts of this case are simple and straightforward. Ms Khumalo was employed by the IDC. Allegations of misconduct were [...]
The importance of placing of a complete record of the arbitration proceedings – the transcript of the arbitration proceedings
On 10 October 2023, we published our article titled "the importance of a complete record of arbitration proceedings" in a [...]
Restoring a financial distressed company to solvency – is it achievable in corporate South Africa?
With continued unpredictable loadshedding schedules, a logistics crisis at our ports costing the South African economy R100 million per day, [...]