November 2020

DAYS OF OUR LIVES IN THE “NEW NORMAL”: RETRENCHMENTS IN SOUTHERN AFRICA POST COVID-19 Employment Law - Feature November 2020

The global COVID-19 pandenmic has brought about unprecedented changes to the employment landscape and thrust us into a "new normal". In looking beyond COVID-19, this article seeks to give a cursory overview of what constitutes an employment relationship, to determine whether an employment contract may be terminated on the basis of operational requirements and, lastly, to examine whether employees who have been retrenched on the basis of operational requirements are entitled to severance packages in Botswana, Lesotho, Mozambique and Namibia.

AVOIDING POTENTIAL RETRENCHMENTS FLOWING FROM COVID-19 Employment Law - Feature November 2020

The nationwide lockdown imposed across South Africa, due to the COVID-19 pandemic, has led many employers to consider the financial sustainability of their business. Employers who are not able to operate during this time are particularly affected.

ARBITRARY ≠ DISCRIMINATORY Employment Law - Feature November 2020

In 2013, s6(1) of the Employment Equity Act was amended to include the phrase at the end of the list of the grounds on which an employer may not discriminate against an employee "or any other arbitrary ground".

COVID-19 PANDEMIC AND THE EMPLOYER’S HEALTH AND SAFETY OBLIGATIONS Employment Law - Feature November 2020

According to the World Health Organisation (WHO), the coronavirus is a "family of viruses that cause illness ranging from the common cold to more severe diseases". The novel strain of the coronavirus (COVID-19) is a unique strain to the coronavirus family. While it is still unclear how COVID-19 originated, or how it was transmitted, what scientists know for sure is that the virus is resistant to antibiotics.

INCAPACITATED BY THE LOCKDOWN – ExPLORING THE POSSIBILITY OF TEMPORARY LEGAL INCAPACITY Employment Law - Feature November 2020

The National Lockdown imposed by government in terms of the Disaster Management Act has prompted considerable debate about its effects on the treatment and payment of employees during this period. The Regulations and Directives issued in terms of the Act have been silent on the issue, while statements by the Department of Employment & Labour, in particular, have served only to confuse things further.

CASE LAW EMANATING FROM COVID-19 IN THE EMPLOYMENT SPACE Employment Law - Feature November 2020

Since the beginning of the COVID-19 lockdown, there have been far more Gazettes issued than during any other period in our democratic history. One of the pieces of legislation that has arrested the attention of all South Africans is the Disaster Management Act (57 of 2002) owing to the many revisions that have been issued to the Act's guidelines.

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