Hinrichsen Attorneys

1.          Retrenchments during COVID-19.     Due to Covid-19, an employer cannot simply skip the entire retrenchment process that is set out in terms of the Labour Relations Act which would likely lead to an unfair dismissal. Employers, during this unprecedented time, should try their utmost best to avoid retrenchment proceedings and find alternative measures to put into place in order to retain their staff. Employers must always consider alternatives to retrenchment such as demotion. Demotion can take place in the following ways: the employee’s pay or responsibilities are reduced, the employee’s subordinates are taken away, reporting roles are changed or an employee returns back to an old position if they have recently taken on a new role. A particularly important principle to remember is that an employer must always obtain the employee’s written consent to the demotion. Should your business have to shut down completely, an employer can a...

On the 23 rd of March 2020, a week after President Cyril Ramaphosa declared South Africa to be in a state of national disaster, the President announced a national lockdown for a period of 21 days to curb the spread of the COVID-19 pandemic which has the world population fearing for their lives. In imposing the national lockdown, the President announced several limitations and prohibitions, the most significant being a complete lockdown, that is, the prohibition of South Africans leaving their homes unless it is for essential purposes. Whilst a lockdown is necessary to destroy the chain of transmission of COVID-19, it is noted that the restrictions imposed by the President will limit the human rights of South Africans. There are factions that support this decision, and some that question its legality from a human rights perspective. What is a lockdown? A lockdown is defined as an emergency protocol which temporarily prohibits non-essential activities and requires people to sta...