Can you be retrenched for testing positive for Covid19?
The answer is that retrenchment processes remain lengthy in order for parties to engage, and employers cannot retrench workers because they tested positive for Covid-19, according to labour lawyer and director of Lancaster Kungoane Attorneys Lerato Kungoane.
She confirmed employers are entitled to instruct employees to take Covid-19 tests before returning to work. Outlining that the directive clearly stipulated that the employer must provide screenings for their employees, she noted that the employee’s work status could not be influenced by a Covid-19 positive result.
She stated that were a number of options for retrenchment/termination, which included conduct, operational requirement or an ill-health process, and an employer could not opt for the ill-health option as that too led to a lengthy process where they would need to check if the employee’s condition was permanent or temporary.
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