Jan Truter

NEW EARNINGS THRESHOLD FROM 1 MARCH 2022

The regulation of working time for employees who earn in excess of certain amount per year (the “earnings threshold”), is different to that of lower earning employees. Working time is also regulated differently for senior managerial employees even if they earn less than the earnings threshold. How does this work, and are there other implications?

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MISCONCEPTIONS ABOUT MANDATORY VACCINATIONS

Utter the words ‘mandatory vaccination’ and someone will see it as a call to arms. This causes most employers to be hesitant about implementing mandatory vaccination policies. But do employers really want to force employees to be vaccinated?

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LANGUAGE DISCRIMINATION: UNABLE TO SPEAK CHINESE!

In South Africa, allegations of unfair discrimination tend to have a familiar theme – often an employee having been discriminated against on the basis of being black, female, pregnant, etc. But every now and then a white male claims to have been on the receiving end of unfair discrimination. If one adds language and culture to the mix, it makes for interesting reading.

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VACCINATION AND EMPLOYMENT

Several provisions pertaining to Covid-19 vaccination have been added in the updated ‘Consolidated Directions on Occupational Health and Safety Measure in Certain Workplaces’ gazetted 11 June 2021.

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UIF C19TERS EXTENDED TO 25 JULY 2021

The directive published 15 July 2021, extends UIF C19 TERS from 16 March 2021-25 July 2021. The scope remains limited to specified sectors (listed in annexures) – very beneficial to those who qualify.

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VACCINATION AND ‘SICK LEAVE’

Since the updated ‘Consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces’ was gazetted on 11 June 2021, two new categories of ‘paid time off’ or ‘sick leave’ came into being – both of these relate to Covid-19 vaccination.

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SICK LEAVE CRISIS CONTINUES [Abbreviated version]

[Abbreviated version] Businesses are facing an uphill battle with employee attendance due to the ongoing Covid-19 pandemic. Are employees entitled to paid sick leave, annual leave, unpaid leave, UIF illness benefits or Compensation Fund benefits?

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BOMBSHELL FOR RESTAURANTS AND RELATED ESTABLISHMENTS

In the wake of the devastation caused by Covid-19, fast food outlets, restaurants and caterers across the country are being dealt yet another blow. The Minister of Employment and Labour has extended the terms of the Main Agreement of a newly formed Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades (‘BCFFRCAT’) to establishments across the entire country.

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RETRENCHMENT PAYOUTS IN THE COVID-19 CONTEXT [Abbreviated version]

[Abbreviated version] The long-term effects of Covid-19 on businesses have become clearer. Short-term interventions, such as taking annual leave, temporary lay-off, short time and pay cuts, may no longer be appropriate. It may be necessary for a more permanent measure; i.e. retrenchment. But what payments are employees entitled to if they are retrenched?

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RETRENCHMENT PAYOUTS IN THE COVID-19 CONTEXT [Full article version]

The long-term effects of Covid-19 on businesses have become clearer. Short-term interventions, such as taking annual leave, temporary lay-off, short time and pay cuts, may no longer be appropriate. It may be necessary for a more permanent measure; i.e. retrenchment. But what payments are employees entitled to if they are retrenched?

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ANNUAL LEAVE IN THE COVID-19 CONTEXT

As we approach the end of a very unusual year, employers are faced with multiple questions surrounding annual leave entitlement.

Many employees took annual leave during the lockdown, resulting in a significant depletion of the leave available to them. Many employees have also been laid off or had their work hours reduced. But how has leave accrued during this period and how must it be calculated?

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