[South Africa] What labour laws provide for businesses impacted by civil unrest

As looting and civil unrest continue to spread across South Africa, many businesses have been forced to close operations out of fear of attacks and to ensure the safety of their employees. Additionally, many staff members have been unable to reach work premises as protesters disrupt entries and exits from communities. CapeTalk explores where this leaves cash-strapped businesses that may need to temporarily close and staff fearing for their safety travelling to work.

Phetheni Nkuna - Director of Employee Practice at commercial law firm Cliffe Dekker Hofmeyr - examined the impact of this sort of action on employees and explores what recourse is available to an employer who is forced to unexpectedly close its doors, in a recent conversation with Abongile Nzelenzele.

When asked what options are available to employers when they have had to close their doors unexpectedly Ms Nkuna suggests ways businesses can operate while not at full capacity and still take care of staff.

“Lots of businesses have lodged insurance claims and don't know what the outcome will be.

“Insurance claims also take a while to be paid out.”

“We anticipate that it is going to take a long time and in that instance, there is also an option of having employees take their annual leave credit under the Basic Conditions of Employment Act.” Ms Nkuna said.

“Temporary lay-offs cannot be done unilaterally but have to be done through agreement.

“It is either agreed on at this stage or in certain sectors you have bargaining councils that already have collective agreements which provide for a lay-off. So an employer can tap into that arguing the circumstances are beyond their control.”

On the matter of employee safety, Ms Nkuna said, “Safety during a time such as this is important,” adding, “Many employees are providing transport for staff to ensure their safety.”

As looting and civil unrest continue to spread across South Africa, many businesses have been forced to close operations out of fear of attacks and to ensure the safety of their employees. Additionally, many staff members have been unable to reach work premises as protesters disrupt entries and exits from communities. CapeTalk explores where this leaves cash-strapped businesses that may need to temporarily close and staff fearing for their safety travelling to work.

Phetheni Nkuna - Director of Employee Practice at commercial law firm Cliffe Dekker Hofmeyr - examined the impact of this sort of action on employees and explores what recourse is available to an employer who is forced to unexpectedly close its doors, in a recent conversation with Abongile Nzelenzele.

When asked what options are available to employers when they have had to close their doors unexpectedly Ms Nkuna suggests ways businesses can operate while not at full capacity and still take care of staff.

“Lots of businesses have lodged insurance claims and don't know what the outcome will be.

“Insurance claims also take a while to be paid out.”

“We anticipate that it is going to take a long time and in that instance, there is also an option of having employees take their annual leave credit under the Basic Conditions of Employment Act.” Ms Nkuna said.

“Temporary lay-offs cannot be done unilaterally but have to be done through agreement.

“It is either agreed on at this stage or in certain sectors you have bargaining councils that already have collective agreements which provide for a lay-off. So an employer can tap into that arguing the circumstances are beyond their control.”

On the matter of employee safety, Ms Nkuna said, “Safety during a time such as this is important,” adding, “Many employees are providing transport for staff to ensure their safety.”