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
Re-inventing the wheel or balancing the scales?
Digitalisation, globalisation and the COVID-19 pandemic have made certain online platforms (along with their products and services) integral to the [...]
The myth of consent: Big tech meets (big) data protection
Data Privacy & Cybercrime Consumers rely on digital platforms such as Google, Amazon and Takealot to gain wider and more [...]
Working from home, the double-edged sword for sustainability
The advent of the global COVID-19 pandemic and the lockdowns implemented by various governments across the world to curb the [...]
62 years on – Exchange control regulations alive and well: a look at a recent supreme court of appeal case
by Deon Griessel, Director and Ngwalemorwa Matsapola, Candidate Attorney Much like certain former Soviet Republics, the People's Republic of China, [...]
NFTs and Trade Mark Infringement – Hermès International and Hermès of Paris, Inc vs Mason Rothschild
A US Court has found in favour of French Fashion House, Hermès, owner of the renowned Birkin handbag, in it's [...]
Does an employer’s decision to exclude employees from a commission scheme constitute an unfair labour practice
by Bradley Workman-Davies, Director and Kelly Sease, Candidate Attorney In a recent case the Commission for Conciliation, Mediation and Arbitration [...]
