The COVID-19 pandemic, and ensuing lockdown, has, to say the least had insurmountable repercussions, not only for individuals, businesses, and the economy, but for employer and employee relationships.

Many South Africans (employees) have suffered from the following hardships:

  • Retrenchments;
  • Salary slashing;
  • Commission cuts;
  • Suspensions;
  • Warnings;

Many employers have been left with no other recourse but to follow some of the aforesaid routes.

The ‘legality’ thereof, and the relevant recourses, if applicable, are reliant on the processes followed.

Many employees have assumedly also noted that the Commission for Conciliation, Mediation and Arbitration (CCMA) has been ‘closed’ through the majority of the lockdown period – leaving many without specificity, or any semblance of clarity.

It has accordingly become increasingly imperative for both employers and employees to follow the correct processes, both substantively, and procedurally, in order to not only effectively mitigate losses to all parties involved, but to ensure that an underlying essence of fairness is followed – as underpinned in our Law.

With the lockdown due to ‘end’ shortly, all parties are surely anticipating, firstly, how employment relationships will be affected, and secondly, what processes can be followed to remedy any incorrect approaches to the aforesaid.

For legal advice and assistance in this regard, we deem it ‘essential’ to contact an Attorney – feel free to contact our office.

Written by Keegan Elliott (Attorney)