1/6. Covid- 19: Some Legal Points for the Benefit of Employers and Employees

Covid-19 is real. Has brought businesses to a halt and starved them of their income. Businesses/employers are therefore considering various options to minimize cost and loss, to wit:

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2/6. to ask employees to go on forced leave, with or without pay; refuse to pay salary; terminate staff employment; declare redundancy; or ask workers to continue or resume work.

To absolve it of liabilities, the option an employer chooses will likely be hinged on frustration..

3/6. or force majeure.That its ability to (fully) perform its obligations under the employment contract (EC) has been made impossible by Covid-19 (frustration) or Covid-19 constitutes an event envisaged under the EC that excuses the employer from (full or continuous) performance.

4/6.Reliance on frustration or force majeure may not be enough. An employer must further look to the terms of the EC,the employment handbook/policy & the laws regulating the sector concerned.Any breach of these instruments may render an employer liable in damages to the employee.

5/6. Lastly, with respect to workers who continue to work in this period, an employer is required to ensure that the workers do not contact Covid-19 in the course of their work. Where an employee contacts Covid-19, he(or possibly his survivors, if he dies) can bring an action...

6/6. in tort for damages for breach of duty of care against the employer.

Qualification:
This thread is a legal teaser and does not by any means create lawyer-client relationship. Thus, readers are advised to seek further legal advice before acting on the content.