‘Navigating the workplace in a national state of disaster’ 16 March 2020

Going to work does not constitute a "gathering" and work from home is a privilege that employers can grant at their own discretion and withdraw at any time, says law firm Cliffe Dekker Hofmeyr. As the number of confirmed coronavirus (Covid-19) cases surged to 61 on Sunday, President Cyril Ramaphosa declared a national state of disaster to try to contain the coronavirus. Among the measures announced by the president is the prohibition of gatherings of more than 100 people.

As many corporations house more than 100 people in one building at a time, Aadil Patel, the national head of the employment practice at Cliffe Dekker Hofmeyr, says they will continue with work as normal, obviously taking proactive steps to increase hygiene in the workplace, but they do not have to approve or foot the bill for people to work from home. "My view is that coming to work is not an event as such. What can be regarded as an event would be hosting seminars, going to mass prayers, going to shows. Going to gym would not be regarded an holding an event either, although it has its own problems," said Patel. "Otherwise companies will come to a standstill."