GBS Covid Chronicles - first 100 days
GBS has run a daily webinar for clients since lockdown began. Here is a reflection on our journey for the first 100 days.
GBS has run a daily webinar for clients since lockdown began. Here is a reflection on our journey for the first 100 days.
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COVID CHRONICLES
Reflecting on the first 100 days of
South Africa’s lockdown.
3 July 2020
Covid-19 quickly turned everything on its head. Most noticeable are social distancing, additional health & safety
compliance requirements, and business closures relating to the ever-evolving lockdown levels South Africa is still operating
under. The pressures of “business unusual” are vast and the uncertainty created by the myriad of new regulations
overwhelming for employers and employees alike.
Living up to our future thinking, now strapline, GBS kicked into high gear at the announcement of South Africa’s lockdown
response to the global Covid-19 pandemic, launching our real-time C19 Support Service, including our daily webinar.
Coinciding with the 100-day lockdown anniversary was the delivery of our 71 st weekday webinar which have, according to
our clients, provided exceptional guidance and value. The fluid situation has meant that Government and business, have
had to adjust almost daily to changing conditions. Our team, through our participation on various forums, including
NEDLAC and Business 4 South Africa, means we provide the latest, accurate information for our clients.
Whilst there have undoubtedly been many negatives of lockdown and the resulting economic downturn, Covid-19 has also
provided organisations with the opportunity to review their business models/structures and to make the necessary
adjustments to not only survive – but to thrive within the realities of the Fourth Industrial Revolution (4IR).
GBS has shifted too, creating services and solutions to aid our clients during these uncertain times. We are immensely
proud of the many hours and excellent work our team has put into these initiatives, and the daily compliments – and
thanks – have borne this out.
Central to the success of our real-time services has been the collaboration and sense of community from our clients. We’ve
compiled some of the best slides from this first milestone period and hope that these will serve as a reminder of our
collective journey. We remain committed to working with you as we continue in this new normal.
When we stand together, we stand strong. Thank you.
Presidential Address
15 March 2020
1. Enhanced cleaning protocols, education and advocacy, availability of
preventative measures such as alcohol-based sanitisers and closed bins
must continue and be further improved.
2. All employees must be requested to disclose if they have (a) travelled
abroad and if so where to (b) returned post mid-February 2020 from
high risk country travel and if so they have to go into self-quarantine and
be tested in line with protocols (c) returned post mid-February 2020
from medium-risk country travel and if so they have to undergo highintensity
screening.
3. Any gatherings of more than 100 people are prohibited and
organisations will have to cancel these events or conduct them remotely
if the tech is available.
4. Small gatherings (those less than 100 people) must be accompanies by
employers having a plan in place to prevent and mitigate the potential
impact of the virus. This would include education, availability of hand
sanitisers and the like as well as social distancing as far as possible.
5. Despite point 4 above, organisations have been urged to limit physical
contact and handshakes for example have been encouraged to be
replaced by an elbow greeting.
6. Domestic travel should be discouraged and international travel
curtailed.
7. Establish central “nerve” centres that record, monitor and co-ordinate
matters pertaining to COVID-19.
The State of Disaster
commences
The President’s address on the evening of 15 March 2020
set out a range of measures that have been and will have
to be taken in respect of COVID-19. Specifically, under the
banner of the Disaster Management Act he proclaimed a
national state of disaster (Section 27). This Act provides for
an integrated and co-ordinated disaster management
policy that focuses on preventing or reducing the risk of
disasters. A national command council chaired by the
President is established and will meet 3 times per week.
This has the status of a public sector institution. 3
Governance model
example
Sector level protocols
design
National
Command
Council (NCC)
Meeting
Alert level
• National
• Provincial
• District (Premier with
Ministerial approval)
Variation
• District (Premier with MoH
approval)
• Sectors (Minister with MoH)
Advice
Epidemiological trends, advice of
NICD and Ministerial Advisory
Committee, inform
determination of alert level at
each stage
Adaptive
governance
model
Noncompliance
= closure
Government and industries to design protocol standards at sector level and
businesses develop customised protocols per 16 archetypal work and commuting
spaces
❑ Call centre/BPO
❑ Factories/ industrial processes
❑ Retail outlet (customer internal
access)
❑ Retail outlet (customer served at
counter)
❑ Domestic work (households)
❑ Construction site
❑ Mine underground
❑ Farm
❑ Food preparation (kitchen
and packing)
❑ Minibus taxi
❑ Bus
❑ Car
❑ Passenger train
❑ Passenger air
❑ Mine opencast
We started most days with a quote or
appropriate picture…
The journey was a rollercoaster – lots to do and lots of
emotions - but always fun!
We even celebrated
Johnny’s birthday in
the process!
And several TV, radio and press
appearances
Check out these
masks!!
12
We looked out for each other and
diversified our skills sets at home!
In it together!
Driving our Real-Time Support
John Botha took the lead and presented, without fail, each
weekday morning. Following their now famous 05h30 calls,
John and Johnny considered the latest stats and breaking
news and determined how best to guide employers.
Storyline
This is how we rolled every day,
taking into our stride the rapidly
changing landscape.
Statistics:
Global & SA
Business
impact
New
developments
UIF TERS C-19
General
information
15
Global & Local Statistics
The statistics were a key feature of COVID-19 and looking back
the Minister of Health was correct – delayed exponential
growth in COVID-19 infections.
Don’t under-estimate
The next 3 to 6 months
Narrow, 30.1%
Expanded, 39.7%
Youth, 59%
Youth expanded, 70%
18 March
2020
18 March
2020
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South Africa (24 April 2020)
https://coronastats.net/
South Africa (16 April 2020)
https://coronastats.net/
https://coronastats.net/
South Africa
Business & Employment Impact
We aggregated best practice in business strategy and overlaid
it with our experience in sustainable business strategy, design
thinking and labour law to suggest approaches to operating
and workforce models
What has been will be again, what has been done will be
done again; there is nothing new under the sun. Frequency,
nature and extent has changed though.
A list of behaviors that may manifest due to lack of resolution of
Fear Paralysis Reflex is as follows:
• low tolerance to stress
• anxiety seemingly unrelated to reality
• hypersensitivity to touch, sound, specific frequencies of sound
• dislike of change and poor adaptability
• Fatigue
• Fear of social embarrassment
• Insecure
• Socially isolated and withdrawn.
• Negativism, defeatist attitude
• Won’t try new activities
The FPR is a withdrawal reflexes that
emerges in the embryonic
stage. During this .stage the embryo
reacts to stress and stimulation by
withdrawing and freezing. As the
foetus' tactile awareness develops,
withdrawal upon contact gradually
lessens.
Is your differentiator really your differentiator?
Though one may be overpowered, two can defend
themselves. A cord of three strands is not quickly
broken.
Stick to a strategy and build something great
https://www.strategy-business.com/pictures/Disruptors-and-the-Disrupted-A-Tale-of-Eight-
Companies-in-Pictures
44
Possible scenarios
High
propensity
Jobs with a
propensity for
remote work
Moderate prejudice to
employee remuneration and
benefits, consider accessing
special funding and
implement progressive leave
measures
Lower prejudice to employee
remuneration and benefits,
access special funding and
progressive leave measures
only if context dictates it
Higher need to access
special funding and
progressive leave measures
Moderate need to access
special funding and to
implement progressive
leave measures
Low
propensity
Business in lockdown
Exempted business
Policy design scenarios
Primacy of social distancing
Initiated by employer or employees
Given the emphasis on social distancing it will be increasingly
required of employers to rather look for opportunities to allow for
remote work rather than not to. However, this will not always be
possible and hence the employer has enhanced obligations to
limit safety and health risks
Feasible to work
remotely
Agree protocols
Remote work with
accommodation
Take reasonable steps
Not feasible
Conservative and
preventative
measures at work
Isolation required
and necessary
Agree protocols
Merits of each case must inform the decision
as well – do you deviate or not from this
guideline?
Key considerations:
❑
❑
❑
❑
Productive hours
All other policies apply
Check-in requirements
Reporting requirements
No prejudice to
employee
❑
❑
❑
❑
❑
Computer
Connectivity
Legitimate expenses
Remunerative matters
As for “agree protocols”
No prejudice to
employee (may be
minor impact)
Symptoms or actual
COVID-19 manifest
❑
❑
❑
Education
Enhanced safety
protocols
Social distancing options
@ work
No unreasonable or
overt prejudice to the
employee
❑
❑
❑
Estimated duration
Return to work
clearance
Check-in requirements
Potential prejudice to
employee
All clear and continue reassessing
if the
arrangement is working
❑ Does the position lend itself to remote
work?
❑ Are the employee’s circumstances of
gravity – for example: demonstrated
symptoms; has potentially come into
contact; employee’s partner is vulnerable
(e.g. aged, medical conditions etc)?
❑ Have adequate steps been taken by the
employer to create a safe and healthy
work environment? Specific to that
employee’s area?
Policy design for scenarios
46
Examples of policy design features
scenario-based minimums
Employee approaches employer asking to work from home
because of actual symptoms of illness
Employee approaches employer asking to work from home
because of concerns about COVID based on vulnerable family
members at home, employee being vulnerable because of a
medical condition etc
Question to
establish status,
legitimacy and
evidence
(tracker)
Yes
Yes
Decision to
allow remote
work
Yes
Maybe
Special leave
concession (paid)
Maybe
No
Sick leave
granted
Yes
No
Annual leave
can be
accessed
Yes
Yes
Family
responsibility
leave
No
No
Unpaid
leave
Yes
Yes
UIF claims
less
earning
Yes
No
COID claims
(course of
duty)
Yes
No
Payment of salary
while at home if
employer agrees
to remote work?
Yes, exhaust sick,
annual leave and then
assess situation
Yes, exhaust annual
leave and then
assess situation
Employer asks employee to work from home because of
actual symptoms of illness or return from high risk country
Yes
Yes
Maybe
Yes
Yes
No
Yes
Yes
Yes
Yes, exhaust sick,
annual leave and then
assess situation
Employer asks employee to work from home as part of social
distancing and prevention
Yes
Maybe
Maybe
No
Yes
No
Yes
No
No
Yes, exhaust sick,
annual leave and then
assess situation
Employee asks employer to work from home as child is sick
Yes
Maybe
No
No
Yes
Yes
Yes
No
No
Yes, exhaust FRL and
then assess situation
Employee asks employee to work from home as family
member other than child is sick
Yes
Maybe
No
No
Yes
No
Yes
No
No
Yes, exhaust annual
leave and then assess
situation
Employee asks employee to work from home because the
employee is concerned that he/ she contracts COVID-19 at
work
Employee stays at home or is hospitalized because the
employee has contracted COVID-19
Yes
Yes
Unlikely
Yes
No
Maybe
No
Yes
Yes
Yes
No
No
Yes
Yes
No
Yes
No
Yes
Yes, exhaust annual
leave and then assess
situation
Yes, exhaust sick,
annual leave and then
assess situation
Establish a “disaster management centre”
Quantitative and qualitative data tracker
Conduct a risk
assessment:
❑ Clients and
customers
❑ Employees and
critical/ core jobs as
well as which can be
remote
❑ Suppliers and
alternatives
❑ Other stakeholders
(unions,
shareholders,
government,
medical institutions)
❑ Financial tolerance
Direct
Resources
(staff and budget)
Identify key resource and
contingency planning
requirements and draft a
project plan with a
budget
To manage the BRP and respond in a flexible way to varying levels
of flexibility depending on the severity of the situation and to
effectively manage risk and sustainability
Employment
and labour
relations
responses
Refer to slide minimum
vs improved terms based
on merits and decide
what approach to adopt
Collaborate with stakeholders to design a
Business Response Plan (BRP)
Protecting the business and employees
Social distancing
and telework
Where possible
encourage vulnerable
and ill employees as well
as those whose jobs lend
themselves to telework
to work from home
subject to agreed
conditions
Business
continuity
Preventative measures,
engage with
employees, suppliers to
align, steps to maintain
business operations,
mitigate impact on
other businesses, force
majeure in contracts
etc
Communications
(general and
emergency)
Reassure stakeholders,
explain plan and
precautions, EAP and
support systems, point of
contact and no
discrimination or
victimisation
NICD (National Institute for
Communicable Diseases)
0800 029 999 www.WHO.int.
Government
directives
Ensure ongoing
communications with
National Health
Departments, local
medical practitioners and
other experts
Education
and support
(Health & risk)
Symptoms of acute
respiratory illness of
self/ family, protocols,
what to do if sick at
work, cover
nose/mouth with a
tissue when coughing,
hand hygiene,
posters, provide
tissues & alcoholbased
sanitizer
(preventative habits)
Management
considerations
48
48
Fortune 500 CEO view
3 systemic changes
❑ Workplace
❑ Business travel
❑ Total employment
levels
❑ Deeper and wider
use of technology
❑ Uncertainty
entrenched
Fortune 500
CEO view
The new normal – smart trust
Character
Competence
❑ User-centricity
❑ Agility
❑ People
management
❑ Edge-centric
decisions
❑ Cognitive flexibility
❑ Innovation
❑ Creativity
❑ Decision-making
❑ Service orientation
51
New technologies
Business model re-design
Business impact
The new normal framework
Mobility
- Travel regulations and restrictions
- Borders protected
- Tracking of individuals
- Real need reduction (tech enabled)
Health
- Hygiene regulations and restrictions
- What and how we eat
- Work-life balance (how we work, socialize and
exercise)
- Health certification
- Stress, anxiety and depression
Relationships
- Socialize and spend free time
- Gathering restrictions and awareness
- Protection of vulnerable groups
- Diversity management and related
Transacting
- How we work
- Where we work
- When we work
- E-Commerce
- Logistics
- Unemployment and social evils
- Proximity limitations
- Trust levels in products and in people
Revisit the following
strategic imperatives
and the nature and
extent of the change
required:
❑ Vision
❑ Culture
❑ People skills sets
❑ Technology
❑ Systems
❑ Processes
❑ Funding
requirements
❑ Financial metrics
❑ Research and
development
❑ Operational
excellence
❑ Strategic
collaborative
partnerships
❑ Transformation
Extent of business
impact of new
normal is a product
of the collective
impact of these three
dynamics on
consumer behaviour:
❑ Mobility
❑ Health
❑ Relationships
❑ Transacting
❑ and
importantly…the
impact of
technology on all
these
(e.g retail stores,
banking, ICT, health
industry, sports and
events, hospitality
and the like)
52
The “new normal” architecture
Designing and transitioning
Our transformational process
Envisioning Positioning Strategising Transitioning New normal
❑ Connecting and
crafting a point
of view
❑ Empathy
mapping, client
needs and
insights
❑ PESTEL
❑ SWOT
❑ Stakeholder
(influence &
impact)
❑ Strategic
imperatives
❑ Strategic
objectives
❑ Change agent
❑ Transition
management
❑ Smart trust
4
❑ Better you
❑ Smart business
5
3
2
1
john@globalbusiness.co.za
In chaos theory, the butterfly effect describes a small change that can have massive, unpredictable
consequences. An insect flaps its wings and, weeks later, causes a tornado.
The next 3-5 years will remind us that COVID-19 was the lightning before the thunder.
Forward-engineer probable scenarios
55
Design
Design
User experience
Design
User experience
User experience
Design
56
W O R K F O R C E D E C I S I O N M A T R I X
Disruption response factor
Cost arbitrage
Highly
responsive*
FTC
Temporary
Employment
Services (TES)
Co-lease
Human cloud
Independent
contracting &
outsourcing
Robotic Process
Automation (RPA)
Poorly
responsive*
High risk
Permanent
Part-time
Risk level (law and liability)
Low risk
*Responsiveness refers to cost, skills and employment changes
Where is your business now?
Looking forward
Nature and extent of disruption, new normal
World Economic Forum on disruption
Economic
Environmental
Scenario planning
Get rid of biases
Identifying and understanding strategic imperatives confronting your business
Staffing industry example
Short-term (withstanding
the impact - 3 to 6 months)
What client priorities are
What competitors may do in
desperation
What drives client loyalty
What if demand for
traditional solutions decline
by 50%?
Medium term (the rebound
7 months to 2 years)
What client solutions could
encompass and the speed
with which we can respond
What clients will require as
health concerns and skills
needs dominate workplaces
Whether clients will dictate
more flexible and costeffective
solutions than
current models allow
What is the impact of a
move away from cost plus?
Long-term (the new normal
2 years and more)
Merge of technologies and
cross-boundary businesses
Future models will
encompass TES, permanent,
contracting and the human
cloud as well as robotics
The need to disrupt the
market
Emerging models that are
external to restrictive laws
and costings
Response required
Critical focus areas
Rest of 2020
Scenario planning
Revenue
Plan A (opex response)
Plan B (opex and operational remodelling)
Plan C (business transformation)
A – revenue loss of 20% B – revenue loss of 40% C – revenue loss of 60%+
Especially work on:
❑ People percentage
❑ Revenue per employee
❑ Total cost per employee
Revisit key business metrics FYE
NPAT
Leviable payroll
Total employee complement
Total measurable procurement spend
Recalculate Enterprise and Supplier Development as well as Socio-economic development = 4% of NPAT
Recalculate spend of 3,5% of leviable payroll on skills development and 2,5% on bursaried for HEI’s
Recalculate requirements for persons with disabilities, learnerships and YES youth
Recalculate spend on suppliers and dynamics
Employment equity plan
Workplace skills plan
Assess potential need to re-set targets, strategies and plans
Align with core competency requirements for SOTF
What can business expect the impact on sick leave to be?
The employment elasticity of economic growth
A global study of trends and determinants for the years 2000-2017
Victoria Morén and Elias Wändal’s paper considers the percentage change in employment associated
with a 1% increase in GDP. Therefore, the higher the employment elasticity, the more labor-intensive
growth. The findings across 168 countries varies but the differentiation between developed and
developing countries, in terms of their findings, is set out below. We have therefore opted to use the
“developing” countries 0,56% impact on employment per 1% change in GDP. The percentage often used
in SA in the past is 0,7% but the jobless employment growth over the past few years points towards the
0.56% being more accurate.
For example, according to the December 2019 Statistics South
Africa numbers, in Construction there were 1,209m jobs and
hence if GDP declines by 10% over the next 12 months (largely
attributable to C-19 and pre-C-19 trading headwinds) the 10%
drop in GDP x labour elasticity 0,56 x 1,209 jobs = 67 704
manufacturing jobs lost. It is then possible to translate these
numbers in the context of the individual business based on
that business’ share of industry employment.
Models
An appropriate mix between procurement
and payrolling. For example, a business
should use TES and outsourcing
arrangements to facilitate enhanced
cashflow, flexible costs, BBBEE credentials
and collaboration.
Co-funding
There are a number of co-funding options
available, some short-term as a result of C-
19 and others ongoing. These include:
❑ ETI
❑ Learnership tax breaks
❑ TERS-UIF-C-19
❑ CCMA TERS
❑ SDL and other tax options.
Collaboration became a
hallmark of our engagements
with knowledge & best practice
sharing common practice
Xander van Wyk, AMT
74
Re-setting the baseline
High
flexibility
Employment
practices and
labour laws to be
leveraged for
sustainability
Low
flexibility
Sick leave extension 25%
less pay and 25% more time
Staggered lunch
(s14 BCEA)
Regulated
Take annual leave
(s12 BCEA)
flexibility
Averaging of
hours of work
(s12 BCEA)
Slow twitch
Unpaid
leave
Compressed
working week
(s11 BCEA) Secondments/
transfers
Restructuring or layoff
(s189 LRA)/
outsourcing s197 LRA)
Cut discretionary
spend
EAP measures
(enhanced)
Nerve center
SWAT team
Communication
Travel
Fast twitch
restrictions
Moratorium on
recruitment/ re-set
terms of employment
FTC pay for hours worked only (for flex or
absenteeism requirements s9A BCEA) or
casual employees (-24 hours pm)
Overtime saving (s10 BCEA)
Occupationally
directed
Reduce payroll
Procurement for
outcomes
Remote work
Future skills
Organisational
re-design
Collective agreement
Individual agreement
Levels of employee engagement required
Consultation
Employer discretion
Discretionary
Employment practices
Statutory options
Business levers
75
The nature and extent of the provisions of each of the primary laws in the labour law hierarchy.
The timeline below provides an idea of how labour laws have expanded in reach.
1970 – 1990 1991 – 1999 2000 – 2005 2006 – 2010 2010 – 2015 2016 – 2020 2021 – beyond
Wiehahn
commission
report 1 May
1979
Labour Relations
Act, 66 of 1995
Employment Equity
Act, 55 of 1998
Skills Development
Act, 97 of 1998
BCEA, 75 of 1997
OHSA, 85 of 1993
BBBEE Act, 53 of
2003
Promotion of
Equality and
Prevention of
Unfair
Discrimination, 4 of
NQF Act, 67 of 2009
POPI Act, 4 of 2013
National Minimum
Wage Act, 9 of 2018
Disaster
Management Act
and C-19, March
2020
2000 Labour Laws
Amendment Act
(parental leave)
Matters tabled at NEDLAC include:
❑ Severance pay
❑ Restriction on s189
❑ Outsourcing
❑ 40-hour work week
❑ Abolishment of scab labour
COID Act, 130 of
1993
SDLA, 9 of 1999
76
Covid-19
GFC 2008
The enormity of the pandemic and
its negative impact on local and
global economies is undeniable
Summary
In an already constrained economy,
South Africa’s ability to weather the
Covid-19 storm remains a concern
The Public Finance Management Act, read together with the Money
Bills Amendment Procedure and Related Matters Act, empowers me, as
the Minister of Finance, to table an adjustments budget when
necessary.
First, it brings an Adjustments Appropriation Bill and a Division of
Revenue Amendment Bill to the House. It also formalises the two tax
bills to give effect to our response.
Second, Mr President, it lays a path for the direction you gave us on 21
April to: “not merely return our economy to where it was before the
coronavirus, but to forge a new economy in a new global reality”
This Supplementary Budget sets out a roadmap to stabilise debt, by
improving our spending patterns, and creating a foundation for
economic revival.
We have accumulated far too much debt; this downturn will add more.
This year, out of every rand that we pay in tax, 21 cents goes to paying
the interest on our past debts.
This indebtedness condemns us to ever higher interest rates. If we
reduce debt, we will reduce interest rates for everyone and we will
unleash investment and growth.
COVID‐19 has turned the global economy upside down. In the
February Budget, we expected that the global economy would
expand by 3.3 per cent in 2020. We now expect a global
contraction of 5.2 per cent this year. This will bring about the
broadest collapse in per capita incomes since 1870. Throughout the
world, tens of millions of workers have lost their jobs. South African
unemployment increased by one percentage point, reaching 30.1
per cent in the first three months of this year.
The South African economy is now expected to contract by 7.2
per cent in 2020. This is the largest contraction in nearly 90 years.
Inflation will likely register 3 per cent in 2020, in line with the
outcome of this morning. Commodity price increases and a
weaker oil price have softened the blow, but as a small open
economy reliant on exports we have been hit hard by both the
collapse in global demand and the restrictions to economic
activity.
Revised Fiscal Framework For 2020/21
As a consequence, gross tax revenue for the 2020/21 fiscal year is
revised down from R1.43 trillion to R1.12 trillion. That means that we
expect to miss our tax target for this year by over R300 billion.
Taken together the measures and adjustments we present translate
into a consolidated budget deficit of R761.7 billion, or 15.7 per cent
of GDP in 2020/21.
This is compared to the deficit of R370.5 billion, or 6.8 per cent of
GDP projected in February. This increase is mainly due to the revised
revenue projections and pay‐outs from the Unemployment Insurance
Fund. The narrower measure, known as the main budget deficit, is
projected to be 14.6 per cent of GDP.
Our early projection is that gross national debt will be close to R4
trillion, or 81.8 per cent of GDP by the end of this fiscal year. This is
compared to an estimate of R3.56 trillion or 65.6 per cent of GDP
projected in February.
Without external support, these borrowings will almost entirely
consume all of our annual domestic saving, leaving no scope for
investment or borrowing by anyone else. For this reason, we need to
access new sources of funding. Government intends to borrow about
US$7 billion from international finance institutions to support the
pandemic response. We must make no mistake, these are still
borrowings. They are not a source of revenue. They must be paid back.
The Supplementary Budget proposes R21.5 billion for
COVID‐19‐related health care spending. It also proposes a
further allocation of R12.6 billion to services at the frontline of
our response to the pandemic.
Over 18 million South Africans have received a temporary
COVID‐19 grant. The roll out of the short‐term Special Relief of
Distress grant will temporarily support those without an
income. An additional 1.5 million people have received these
already. To support vulnerable households an additional
allocation of R25.5 billion to the Social Development
department is proposed, for a total relief package of R41
billion.
The figures from yesterday show that unemployment is our
single greatest challenge. The Economic Support Package sets
aside R100 billion for a multi‐year, comprehensive response
to our jobs emergency.
The President’s job creation and protection initiative will be
rolled out over the medium‐term. It will include a repurposed
public employment programme and a Presidential Youth
Employment Intervention. In this year, an amount of R6.1bn is
already allocated, and a further R19.6 billion has been set
aside mainly for this purpose.
Revised Fiscal Framework For 2020/21
Government will narrow the deficit and stabilise debt at 87.4 percent of
GDP in 2023/24. Cabinet has also adopted a target of a primary surplus
by 2023/24.
The Medium Term Expenditure Framework process will be guided by
the principles of zero‐based budgeting which will be applied as a series
of overlapping evaluation exercises targeted at large programmes. Our
current system of Public Expenditure Reviews is a step towards
zero‐based budgeting. This means that we will try to reduce all
expenditure that we thought we can no longer afford. After all, we are
not as rich as we were ten years ago.
Yesterday, the Presidency hosted a successful Sustainable
Infrastructure Development Symposium, drawing in sector
specialists, technical and financial structuring experts and policy
departments that have considered 177 infrastructure projects
across public and private sectors.
In light of these and other important initiatives, the Government
has already committed R100 billion over ten years toward the
Infrastructure Fund.
We need to find spending adjustments of about R230 billion over the
next two years. Tax measures of R40 billion over the next 4 years will
also be required. The Government will announce details to these tax
proposals in the 2021 Budget.
Building a bridge to a post‐lockdown future will require that we build
high‐quality physical bridges, roads, railways, ports and other
infrastructures.
SA by end 2020,
81,8%
What is your workforce strategy?
❑ Models
❑ Metrics
❑ Money
❑ Means
❑ Matters
Important contractual clause considerations
❑ Disruptive environment
❑ Importance of OHS
❑ Cost-alignment
C19 forced businesses to leapfrog into
4IR, creating opportunity to re-assess
their workforce models & terms
Important contractual clause considerations, continued
❑ Disruptive environment
❑ Importance of OHS
❑ Cost-alignment
Important contractual clause considerations, continued
❑ Disruptive environment
❑ Importance of OHS
❑ Cost-alignment
Important contractual clause considerations, continued
❑ Disruptive environment
❑ Importance of OHS
❑ Cost-alignment
Return to work
We challenged clients to re-assess their
businesses, to not only survive C19, but to
re-invent to thrive under new normal
❑ No fixed costs
❑ Agile
❑ Demand-driven
❑ Tech and digital
❑ Global
❑ Absolute client-centricity!!
Alibaba revenue for the twelve months ending December 31,
2019 was $71.052B, a 33.72% increase year-over-year. 117 000
employees - $606 837 (R10 516 910) per employee per annum.
Average retailer in SA annual revenue of R13,15bn with 7946
employees = R1 654 000 per employee.
4 to7 year recovery
period
Social distancing and
individual behavior is key!
A GDP decrease of 2% = Employment decrease of 344k
A GDP decrease of 10% = Employment decrease of 1,72m
Which is a 41% narrow unemployment level
The importance of a blended workforce model !
Checklist time, have you got…
1. An updated workplace plan on C-19?
We created and shared tools to
enable clients to adapt to the
requirements & realities of C19
2. A detailed staff list with the various segmentation requirements –
comorbidity, age, remote work, risk zone, transport used, flexible work arrangements etc.?
3. A vulnerable employee policy?
4. Updated employment contracts with clauses regarding C-19 compliance, notification, flexible hours, testing and POPI?
5. A remote work policy?
6. An updated disciplinary code including C-19 matters and online facilitation of DE’s?
7. Protocols for online engagement?
8. C-19 leave policy and protocol?
9. Appointment letters and proof of training for C-19 compliance officers?
10. A system that enables proper screening and management of C-19 symptoms at work and maintains records for
inspection?
11. An incident assessment methodology that gathers evidence that may impact COIDA claims, leave allocation, shortfalls in
current controls and the like?
12. Proof of employee and worker induction?
13. Updated commercial agreements addressing supplier/ client obligations in respect of C-19 and force majeure/
supervening impossibility?
14. King IV covered regarding business sustainability and governance?
15. A fully functioning OHS committee and representatives?
Social distancing meant virtual
engagement, even for disciplinary &
labour dispute referral matters
Sick leave unpacked
Sick leave
Ordinary illness
C-19 related
Up to 2 days
No medical
certificate
required, paid
sick leave
More than 2 days
of any 2 days in an
8-week period
Medical certificate
required, paid sick
leave
Unconfirmed C-19 but
symptomatic (before
entry or at work)
High risk
Paid sick leave for
a minimum of 7
days, then assess
and possible RTW
on day 8
Exposure but nonsymptomatic
Low risk
No sick leave,
continue working
but monitor
C-19 + confirmed test
Paid sick leave and RTW
min of 14 days after
onset of symptoms
Only after sick leave is exhausted can UIF illness benefits be claimed
C-19 + confirmed test
COIDA fits in…
Conduct an investigation and if there is evidence that the confirmed C-
Paid sick leave and RTW
min of 14 days after
onset of symptoms
19+ test could have been occupationally acquired make the
submissions. Until COIDA accept that it was occupationally acquired,
the usual protocols as set out above apply.
Let’s talk about remuneration and benefits
Bloated remuneration and
benefits
NWNP unless essential or
permitted and even the agile
discussions re remuneration and
benefits
NWNP unless essential or
permitted and even the agile
discussions re remuneration and
benefits (greater return to normal)
Hopefully outcomes-based,
flexible and remote-workplace
balanced terms
Retarded economy
(technical recession)
False economy
(supervening impossibility
and bail-outs)
Recovering economy
(W-growth volatile)
New normal economy
(transformed economy)
Prevailing dispensation
Life support
LRA
Traditional laws and
historical employment
contracts and policies
Supervening impossibility
Partial supervening
impossibility as long as
DMA is in place
Traditional law, new
employment terms,
hopefully!
Limited Significant Moderate to limited Create your own
happiness
Full application Very limited application Partial application Full application
OHSA
Employment contracts and
policies and procedures
Traditional
Traditional laws and
historical employment
contracts and policies
Traditional + HBA
emphasis
Suspension or partial
application of employment
terms
Transformational
Proportionate suspension or
partial application of
employment terms
Transformational
Traditional law, new
employment terms,
hopefully!
What terms are you appointing new employees on?
Impact of Disaster Management Act
❑ Does COVID-19 qualify as a force majeure and what
are the consequences of this on employer’s
contractual obligations? Will employers be required
to continue paying their employees even where doing
so would jeopardize the commercial viability of their
business?
❑ What is the extent of employers’ remuneration
obligations in circumstances where a pandemic has
caused employees to be sent home for reasons
beyond the employer’s control and employers aren’t
able to utilize their productive capacities?
❑ How does the law expect employers to balance their
remuneration obligations to employees with their
obligations to maintain a commercially viable
business?
❑ As an aside, what about commercial agreements?
Acts of God and Contractual Obligations
What is the impact of the common law doctrine relating to an act of God and
supervening impossibility of performance on their contractual performance
obligations.
In many instances, the employer’s contractual remuneration obligations
may arguably be temporarily suspended as a result of performance thereof
becoming impossible due to an act of God or an unexpected and
unforeseeable occurrence.
During an outbreak of foot and mouth disease in Botswana, the court held
that employers were discharged from their remuneration obligations where
the employment contracts were rendered impossible to perform as a
result.
Directors Fiduciary Duties
Companies must consider their duty to act in the best interests of the
company when sending employees home without payment where there is a
risk of jeopardizing the continued operation of the company.
Impact of Disaster Management Act
During
lockdown
period
Post
lockdown
period
Introduce changes to terms of employment and/ or reduce hours and/ or
reduce headcount and/ or implement NWNP
Essential service
Follow robust s189/A in order to implement
changes if requests for voluntary agreement
don’t fly
Non-essential service
Supervening impossibility of performance
due to State of Disaster and no need to follow
legal processes – NWNP etc
Retain lockdown changes to terms of employment and/ or reduce hours
and/ or reduce headcount and/ or implement NWNP etc
Business
Follow robust s189/A in order to implement changes if requests for voluntary agreement don’t fly –
a challenge because the reversion to normal employment terms applies immediately
Very
limited
businesses
As-is
Start business re-engineering
consultations NOW…
New normal
How are you doing?
Design principles….
Cumulative effect of employee costs – “old normal”
Assume a company payroll of R100m pa and NPAT of R10m
Components
Amount
Basic salary R100 000 000 Remuneration and benefits (around
Statutory benefits of 15%
(AL, FRL, UIF, COIDA, SDL,
etc)
R15 000 000
25% above basic)
Non-statutory benefits
10% (retirement and
medical)
R10 000 000
TCC R125 000 000
6% of payroll skills dev. R6 600 000 Indirect-direct costs
4% of NPAT ED, Sup Dev
and SED
R4 000 000
Cost of money (payroll) R10 000 000
Additional cost R10 600 000
TOTAL REAL COST OF
EMPLOYMENT
R145 600 000 Total premium on basic salary =
45,6%
Payroll
Procurement
R145 600 000
(fixed payroll cost)
VS
R100 000 000
(variable cost and no
labour law liability)
What is the envisaged impact on your business? Variables.
❑ Sector
❑ Cash management and revenue forecasting
❑ Supply chain
❑ Remote work propensity
❑ Funding options
❑ Investor sentiment
❑ Staff demographic
❑ Workforce model (flexibility)
❑ Current terms of employment and remuneration
❑ Skills sets
❑ Technology
131
Policy High Level Example
The organization takes its responsibility to ensure that it maintains a safe workplace,
maintains operations and manages liability and risk seriously.
In this regard, it has designed a Business Response Framework (BRF) and Business Response
Plan (BRP) that will apply to all stakeholders including employees, suppliers, clients and other
parties as appropriate from time to time.
The elements of the BRP are:
❑ Employment relations – steps will be taken to address this matter in the context of the
current provisions but with due regard to the merits of each case (there will be fair
discrimination, no victimization and retention of confidentiality as far as can be
reasonable achieved in the circumstances)
❑ Social distancing where applicable – these steps may involve preventative measures such
as working from home or staying at home, decreasing non-essential events and travel,
special considerations at work and isolation rooms
❑ Business continuity – critical positions and suppliers will be identified and contingency
plans put in place to safeguard the sustainability of the business
❑ Communication – with all stakeholders at appropriate frequencies and it will be expected
of employees to reciprocate in situations where they are not at work or have potentially
been in contact with infected persons or suspect that they may be infected with due
regard to their duty of good faith (suppliers to do likewise)
❑ Comply with government directives – currently there is no legal requirement to report
these matters but to take reasonable steps to act in the best interests of all parties
❑ Resource allocation – to take reasonable steps to allocate resources and budget to
managing this situation based on the merits of each case
❑ Advocacy – to draft, publish and update information that can support the prevention and
management of the situation
❑ Other reasonable steps as may be required.
Important:
All matters that pertain to the coronavirus or matters
related thereto must be directed to the “nerve
centre” either directly at the time of the situation
arising or if this is not possible, as soon as possible
thereafter.
CALL XYZ ABC DEF GHI (24/7)
In addition, information can be obtained at the
following places:
❑ WHO
❑ NICD (National Institute for Communicable
Diseases) 0800 029 999
❑ etc
Thank you for your commitment to this important
matter.
132
Nerve center:
• Individual or team
• Co-ordination
• Tracker (meetings, registers, employee status etc)
• Advisory
• Inform plan (BRP)
• Identify key positions and suppliers
• Review key vendor contracts and liability clauses
• Consider employment law
• Review insurance coverage
Corona Virus, Covid-19
Key Objectives
Maintain
operations
Maintain a
safe
workplace
Manage
liability
and risk
133
New Developments
We covered nearly every new direction and regulation and
then interpreted it and applied it to the work environment.
Many of our clients contributed to this – thank you!
Vulnerable employee
protocols
Voluntary self-disclosure
Dismissal for incapacity due to ill
health?
Assessment by a medical
practitioner
Considerations:
❑ Can not having a vulnerability
comprise an inherent job
requirement?
❑ Can you ultimately dismiss for
incapacity due to ill health?
❑ If you request an employee not
to come to work, must you pay
him/ her?
❑ What takes precedence, DoH
or LRA, schedule 8?
Temporary incapacity, sick leave,
annual leave and unpaid leave a
last resort (endure employee’s
employer-related medical
benefits are maintained)
Consider working from home
Eliminate or reduce risk
substantially
Consider merits and
circumstances
Identify other ways of workplace
accommodation (without
benefits reduction)
Voluntary self-disclosure
Special measures required
Assessed by treating doctor
or employer paid doctor
(confidential note, no
diagnosis and the doctor
should ensure the employee’s
health is fully optimised)
Measures required to
eliminate or reduce risk (if
elimination is not possible
then in consultation with the
employee explore temporary
workplace accommodation…)
If these measures are not
possible, consider work from
home if able to do so
Leave procedures and benefits
Dismissal right?
Incapacity due to ill
health?
• Temporary
incapacity, if not
possible
• Sick leave
• Annual leave
• TERS short hours if
applicable
• UIF illness
• Unpaid leave last
resort but employer
must maintain
medical benefits
Incident
investigation!
C-19 in the context of …
COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT, 1993 (ACT NO 130 OF 1993)
1. As is the case with traditional COIDA claims, all employers and Medical Service Providers must follow the stipulated prescripts when submitting claims
and supporting medical reports for COVID-19.
2. Workplace-acquired COVID-19 refers to an instance where an employee contracts COVID-19 whilst carrying out his or her duties.
3. A claim for workplace-acquired COVID-19 shall clearly be set out as contemplated in and provided for in section 65 of the COID Act
4. Workplace-acquired COVID-19 diagnosis relies on:
• Assessment of the inherent risk posed by various categories of work and occupations; or
• Exposure to a known source of COVID-19 at the workplace; or
• An approved official trip and travel history to countries and/or areas of high risk for COVID-19 on work assignment; and
• A reliable diagnosis of COVID-19 as per the WHO guidelines; and
• A chronological sequence between exposure at the workplace and the development of symptoms.
In carrying out this task, the Fund peruses all information submitted to make an objective decision. In addition to exposure and clinical history, the
Fund also considers the inherent risk posed by various categories of work and occupations (very high, high, medium and low).
5. For confirmed cases and where the Compensation Fund has accepted liability, temporary total disablement shall be paid from the date of diagnosis up to
30 days.
6. Where there is permanent disablement, the situation is assessed three (3) months from the date of diagnosis.
7. In respect of death benefits, reasonable burial expenses, widow’s/widower's and dependent’s pensions shall be payable, where applicable, if an
employee dies as a result of the complications of COVID-19.
Note:
a) The Compensation Fund does not provide compensation for unconfirmed cases which are still being investigated.
b) For self-isolation or self-quarantine the employer must follow the directive published by the Minister of Employment and Labour regarding the Covid-19 Temporary
Employee/Employer Relief Scheme (TERS), as amended.
Reporting
The following documentation should be submitted to the Compensation Commissioner:
a) Employer’s Report of an Occupational Disease (W.CL.1)
b) Notice of an Occupational Disease and Claim for Compensation (W.CL.14)
c) Exposure and Medical Questionnaire
d) First Medical Report in respect of an Occupational Disease (W.CL.22) indicating U07.1 as the ICD-10 code for Covid-19
e) Exposure History (W.CL.110) and/or any other appropriate employment history which may include any information that may be helpful to the
Compensation Commissioner.
f) A medical report on the employee’s symptoms that details the history, establishes a diagnosis of COVID-19 and laboratory results and chest
radiographs where appropriate or any other information relevant to the claim.
g) For each consultation, a Progress Medical Report (W.CL.26).
h) Final Medical Report in respect of an Occupational Disease (W.CL.26) when the employee’s condition has reached Maximum Medical
Improvement (MMI).
i) An affidavit by the employee if employer cannot be traced or will not timeously supply a W.CL.1, where applicable.
Online claims for COVID-19 must be made through the following
channels, indicating the correct ICD-10 code – U07.1:
• Compensation Fund: CompEasy (www.labour.gov.za)
• Rand Mutual Assurance: CompCare (www.randmutual.co.za)
• Federated Employers Mutual: IMS (https://roe.fem.co.za)
Manual claims for COVID-19 must be sent to these email addresses:
• Compensation Fund: covid19claims@labour.gov.za or phone 0860 105 350
• Rand Mutual Assurance: contactcentre@randmutual.co.za or phone 086 022
2132
• Federated Employers Mutual: FEM-Registry@fema.co.za or phone 011 359
4300
ICD Code U07.1 (C-19)
Who pays the claim?
•The Compensation Commissioner is appointed to administer
the Fund and approves workers' claims. You get money from
the Fund and not from the employer.
•BUT the employer has to pay you for the first 3 months after
the injury was sustained. The Compensation Fund will pay the
employer back.
•If you’re off for more than 3 months, the Compensation
Commissioner takes over the monthly payments.
Symptom screening
Employee comes into contact
C19+ person
Employees must notify the
employer of symptoms
Assess exposure under DoH
guidelines
Symptomatic on arrival at
work, advice CCO
Symptomatic when already
at work, advise CCO
Low risk: continue working
and monitor 14 days
High risk: 14 days
quarantine and sick leave as
described alongside
No entry
Isolate and provide with surgical
mask, make decision PUI?
Paid sick leave; if exhausted,
illness benefits from UIF
Arrange transport – safety
factor
If C-19+ before RTW:
1. Report to NICD
2. 14 days of self-isolation
3. Medical evaluation if moderate/
severe
4. Employer to closely monitor
5. Wear surgical mask 21 days
6. Full contact tracing
7. Inspection and Prevention Control
Practitioners via NICD hotline
8. Assess workplace policy for risk
gaps (engage OHS Com)
9. Inform relevant authorities
Self-isolate and refer for
medical examination or
testing (closest centre)
Assess for risk of
transmission at work
Disinfect the area and
undertake contact tracing
Refer employees who may
be at risk for screening
Paid sick leave
If sick leave is exhausted,
apply to UIF under illness
clause 4
Determine if occupationally
acquired (COIDA)
Suspected C-19 case
A suspected COVID-19 case includes any
person presenting with an acute (≤14 days)
respiratory tract infection or other clinical
illness compatible with COVID-19, or an
asymptomatic person who is a close contact
to a confirmed case.
We at GBS propose the
following guidelines…
Critical activities 23/4 24/4 28/4 29/4 30/4 4/5 5/5 6/5
Workforce planning (at least May, June, July 2020): understand the workforce needs for a sustainable
business (key metrics based on affordability – staff complement, remuneration burden)
Understand the “deficit” and how it translates into staff numbers and remunerative structures Yes Yes Yes Yes
Yes Yes Yes Yes Yes Yes Yes Yes
Scope a plan starting with (i) draft authentic projection of next 3 months realities financial and staff (ii) seek
voluntary agreement to pay cuts and/ or short-time and/ or VSP’s (iii) identify funds to tap into post 1 May
2020 such as CCMA TERS, SDL 4 months, tax withholding, Eti, UIF other etc (iv) start a s189A asap
Draft and distribute carefully worded and detailed brief communications to staff explaining the return to
work arrangements, what to expect over the next few days and who to contact for information and advice;
consider starting an overview of impact of COVID-19 on business and what leadership are up to and thinking
Conduct a COVID-19/ HBA aligned workplace OHSA assessment and draft a policy and action plan; close
gaps; order PPE, sanitizers; educational material; thermal equipment; cloth mask; socialize with staff and
visitors; protocols in dealing with individuals who present with symptoms etc
Identify all opportunities for remote work and also look at voluntary disclosure of comorbidities and make
reasonable arrangements for remote work
Yes
Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes Yes Yes Yes Yes Yes
Review current policies, procedures, terms of employment and implement (under s189A if necessary) Yes Yes Yes Yes Yes
Staff wellness support structures Yes Yes Yes Yes Yes Yes Yes Yes
Stay connected to thought leadership and proactive support – regulations will change on an ongoing basis
and “stages” or lockdown will be fluid; be the first to know
Take a view on the bias in favour of either “robust or go bust” from Board and leadership
Yes Yes Yes Yes Yes Yes Yes Yes
Yes
Do a design-thinking scenario plan for the “new normal” considering your industry, your realities and the
estimated recovery period as well as the impact of consumer behaviour on the value chain
Yes Yes Yes Yes Yes Yes
151
The price of a decision …
Workforce “fit-for-purpose”
No work available (NWNP)
Reduced hours and/ or
remuneration
Work from home
Workplace
152
General
We always opted for a holistic approach to COVID-19 and explored
areas such as emotional intelligence and followed surveys
regarding how the SA population was bearing up under the C-19
burden. We also ran several complimentary Circle and Square
webinars to connect with our valued clients and colleagues.
154
Notifiable medical condition
155
Hazardous Biological Agents
Continued
Continued
Continued
Continued
COVID-19 Landscape
In Kenya
29 th May 2020
CovidScreen
Simple, effective Covid-19 screening compliance management
CovidScreen offers easy-to-use dashboard for Administration, offering per site, per department and per staff category reporting, highlighting hotspots and risk areas.
Flag vulnerable employees and record additional mitigation strategies employed. Opportunity to link to primary healthcare provider to assess risk and mitigate
unnecessary absenteeism, flagging risk. Pick up patterns to identify – and act on – absenteeism, employee non-compliance and potential leave abuse.
Great option for businesses large & small:
✓
✓
✓
✓
✓
✓
Scalable
• Quick Set-up (no additional costs)
• Pay as you Use
• Reporting & Admin User per Site
Cost-effective
• Monthly cost per Site (R1000 ex VAT main site, reduced additional sites)
• R1.00 ex VAT Per User, per month cost
Customisable
• Each site can have different contact details
Self-managed
• Dashboard
• Report functionality
• Update User/Employee Info as necessary
Data light
• Web-browser, not App driven
• Less than 2c per month (employee/user data) considering daily usage
Risk mitigation
• Alert Covid-19 symptoms before leaving home
• Records of Vulnerable Groups
• Managing Absenteeism & Leave Abuse
• Covid-19 regulatory compliance
For more information, to set-up a demo or receive a
customised quote, please contact Natalie Singer:
natalies@globalbusiness.co.za
We produced, updated and regularly
shared a series of Quick Guides to
assist clients in unlocking the business
initiatives available to mitigate the
negative impacts of lockdown.
UIF C-19 TERS
Natalie Singer has the knack of making sense of everything and is
relentless at unblocking UIF and supporting clients in this regard.
She never gives up and is a massive support to business.
With C19 TERS application process challenges, Natalie ran several
technical webinars, including securing the Department of Labour
(UIF) and Interfile (uFiling) to guide employers through the process
Our UIF team:- Natalie, Marianne and Kim
have worked wonders in providing guidance,
support and results to clients.
Endless hours, many process changes and
frustration, beaten by their unwavering
commitment to pushing the UIF, have been
acknowledged by clients over and over.
Legal
Grant Wilkinson was a regular feature every Wednesday and
monitors the Government Gazettes every hour, ensuring that we’ve
always got the latest information to share.
Legal
considerations
in the time of COVID-19
Presented by Kirchmanns Incorporated
CCMA
DEVELOPMENTS
• Confirmed cases of COVID-19 and
temporary closures have occurred in the
following areas :
• East London
• Tshwane
• Johannesburg (Fox Street)
• Rustenburg
• Cape Town
• Polokwane
• Klerksdorp
• Practicality of venues and social
distancing
• Practical tips : Arrive early, dress warmly
– queues outside, bring your own
pen(otherwise shared pen), Case
reference handy, temperatures taken,
elevator limitation, seating In reception
188
RETRENCHMENTS
• Nedbank forecasts that 1.6 million jobs will be shed in the country in 2020, with the bulk of the
jobs lost in the first half of the year.
• Finance minister, Tito Mboweni, is expected to deliver a ‘Special Adjustment Budget’ today
• Jobs bloodbath : Already we have seen SABC, Cell C, Edcon, Comair, Bidvest, Sasol, etc.
• Many companies anticipate retrenchments due to low demand, end of UIF/TERS funds
• Business Leadership South Africa (BLSA) chief executive Busi Mavuso said: “The latest Rand
Merchant Bank/Bureau of Economic Research Business Confidence Index (BCI) shows that 95% of
businesses are dissatisfied with business conditions - the worst reading in history.
• Unions delaying and attempting to rely on the availability of TERS funds
• Lack of facilitators
• Due to case volume – lack of availability adds to delay
189
BUSINESS RESCUE &
SUPERVENING
IMPOSSIBILITY
• Business Rescue – employees have many more rights than they would under winding-up
provisions
• Supervening impossibility of performance – in the absence of contracts dealing with force
majeure, one must rely on common law supervening impossibility of performance.
• The impossibility must be absolute or objective.
• Cannot rely on supervening impossibility where employer decided not to trade circumstances
where it is able to do so, but has elected not to in anticipation that such trading will not be
profitable.
• Solution :
1) Ensure your contract deals with force majeure
2) Engage in layoff / short-time discussions
190
Covid-19
Legal Operations Centre
The Covid-19 pandemic has provided some of the
most challenging circumstances that companies
have faced to date. These uncertain times are
exacerbated by the often hardline and unwarranted
threats of closure of businesses, heightened
stakeholder concerns, potential criminal action, etc.
We have assembled a national team of best-in-class
attorneys, experienced across a broad spectrum,
who can assist you, should you require it.
Should you be faced with any of the following
challenges and require legal support under:-
o
o
o
o
Criminal, civil, labour law advice;
Interventions regarding authorities wanting to
close operations or impose penalties and other
sanctions;
Legal opinions;
Stakeholder engagements (e.g. with unions on
C-19 matters)
o Labour Relations matters (e.g. employees
refusing to work or vulnerable persons matters).
please contact our Legal Operations Centre and we
will connect you with the most appropriate attorney
to handle your query.
C19legal@globalbusiness.co.za
Reflections
This journey would not be the same without the collaboration,
commitment and engagement with our clients.
The Ask Johnny WhatsApp group has
worked just about 24/7 since the
lockdown began and has provided the
platform for peer sharing, immediate
distribution of latest news and provision
of timeous, accurate advice.
❑ Jonathan Goldberg
083 281 9571
jgoldbergsnr@globalbusiness.co.za
❑ John Botha
082 457 0000
john@globalbusiness.co.za
❑ Grant Wilkinson
082 570 8595
grant@globalbusiness.co.za
❑ Natalie Singer
084 450 5196
natalies@globalbusiness.co.za
Thank you for your
www.globalbusiness.co.za
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