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COVID-19: National State of Emergency now official, regulations gazetted

Employment Law , , ,

Government, represented by Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma, has signed a off on measures to be implemented in response to the Coronavirus outbreak. These measures concern all government departments and it outlines their responsibilities to stop the spread of COVID-19. Included in these are regulations that will have a direct effect on the business owner/employer.

First among them is a prohibition on gatherings – meaning no more than 100 persons may be assembled whether this takes place in open air, in a building or at any other premises. If these gatherings will have alcohol/liquor sold for consumption on the premises, this prohibition limits the number of assembled people to less than 50 persons provided there is enough space. “Enough Space” is defined as at least 1-meter square per person.

This regulation affects any premises where people gather, including bars, taverns, shebeens, clubs, restaurants, event venues, etc.

The regulations are strict on the limitations on the sale, dispensing or transportation of alcohol/liquor.

  • All venues/premises that sell alcohol/liquor (bars, taverns, shebeens, clubs, restaurants, event venues) must be closed with immediate effect, or must not accommodate more than 50 people at any time. This is also dependent on whether there is adequate space for each person with respect to hygienic requirements and a limitation to the exposure of the persons to the possible spread of COVID-19.
  • Premises that provide accommodation as well as selling alcohol/liquor must implement measures to stop the spread of COVID-19, ensuring that adequate space is provided and that all directions in respect of hygienic conditions and limiting of exposure to persons with COVID-19 are adhered to.
  • No special or events liquor licenses will be considered during the national state of disaster.
  • All premises selling liquor must adhere to the following, limited, operating schedule:
    • Weekdays and Saturdays: Open from 09:00 and close at 18:00 (and must remain closed between 18:00 until the next morning 09:00)
    • Sundays and Public Holidays: Open from 09:00 and close at 13:00 (and must remain closed from 13:00 until the next morning 09:00)

Schools and partial care facilities have also been closed (including nurseries and creches). This places an extra burden on employee so still report for duty while often being in turmoil of having no one to look after their children during this time. Employers are encouraged to speak to employees and find a mutually beneficial working solution under these extra-ordinary times.

In these difficult times, business will feel the strain and employers will consider all possible avenues to limit damage and not to stop haemorrhaging capital. To this end, we recommend implementing short-time work schedules rather than retrenchments in order to future-proof your business as well as looking after the best interests of the employees that are dependent on them.

All notifications sent to employees regarding operational changes must be legally drafted in order to prevent later claims of unfair labour practice or dismissal. It is very strongly encouraged to engage the services of a labour law expert in this endeavour to prevent CCMA challenges.

Read the complete text:

 

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COVID-19: CCMA closure directive

Employment Law , , ,

As the country continues to institute processes to deal with the spread of the Coronavirus outbreak, the Commission for Conciliation, Mediation and Arbitration (CCMA) has decided to close all offices from Tuesday 18 March until Tuesday 14 April 2020 unless otherwise directed.

This is done in line with the directives received from the President and the Department of Health as well as the guidelines issued by the Department of Public Service and Administration and the protocols of the National Institute for Communicable Diseases.

This effectively means:

  • All contact processes (face-to-face meetings) are postponed – this includes all matters scheduled to take place from 18 March until 14 April, and no persons will be allowed to walk-in for enquiries or to deliver/serve processes or documents.
  • The CCMA will accept non-contact methods of communication such as email and fax.
  • Discretionary functions such as, but not limited to, training and conferences are postponed. (See exception.)
  • Pre-conciliation processes will continue as these are conducted via telephone.
  • Conciliations may continue if all parties agree to proceed via telephone.

To mitigate the pending backlog, Commissioners may attempt to resolve disputes using telephonic or online methods as approved by the CCMA.

It is important for all parties involved to not allow any perceived pressure (stated or otherwise) to influence their resolutions into premature settlements.

The normal processes of the CCMA will resume at the appropriate time, and cases that are unresolved at that time will be resumed and continued as normal.

Exceptions

In terms of discretionary functions of large scale dismissals and Inquiry by Arbitrator processes that are deemed to be in the public interested, the CCMA may approve a venue that is not in the CCMA offices provided such venues meet the required, strict conditions:

  • All Health and Safety directives, guidelines and protocols as listed (See above) are met.
  • All parties agree to this alternate venue in writing.

The CCMA will continue to asses the situation as it unfolds and take any additional steps or precautions as deemed necessary and will communicate any updates as they become available.

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