COVID-19 regulations apply to workers at home as well

Dealers and dealer groups who have staff working from home should make every effort to ensure that these remote working staff comply with COVID-19 rules.

Wynand 11 2

According to Wynand Strydom, co-founder of Stryde Consult, an HR and legal outfit specialising in supporting dealers and dealer groups, the definition of workplace in the Basic Condition of Employment Act includes “the place or places where employees of an employer work.”

“This definition of a workplace means that an employer could be held responsible for the actions of its employees even when they are not working from the dealership floor,” says Wynand.

“And very importantly, it also means that if your employees are working at their client’s premises, for instance when delivering a vehicle or doing an off-site demonstration of a vehicle at a customer’s premises, this too is seen as part of your workplace.

This becomes problematic when one considers the rules imposed on employees by the Disaster Management Act for the current COVID-19 pandemic.

“The COVID Health and Safety regulations require employees to wear masks and personal protective equipment, to report symptoms related to COVID-10 and report for testing and to comply with social distancing measures in the workplace,” says Wynand.

“If the workplace is your home, it means that those rules apply equally to this environment and it means that the employer could be at risk of being fined for an employee’s non-compliance or their misrepresentation of their COVID-status.”

Beyond the need for compliance, says Wynand, the dealer principal or owner should consider additions to its employment contracts to inform employees of their legal obligations and allow for disciplinary actions for non-compliance.

“Remote working is a strange new world for many dealers, and many are at risk of thinking that they can abdicate their legal responsibility when the worker is not on their floor. Unfortunately, the legal responsibility and risk remain with the dealer and it is well worth the effort to consider the legal and HR implications of remote working under the Employment and Disaster Management Acts,” says Wynand.

More Industry News stories

Navaras set off on journey through Africa

Navaras set off on journey through Africa

A convoy of Nissan Navara bakkies, representing the entire range that is manufactured in South Africa, left Rosslyn plant in Pretoria, Nissan’s African LCV manufacturing hub, today (Wednesday, 27 March) on the first leg of an eight-country odyssey into the interior of Africa and ultimately Cairo.

  • 27 March 2024
Giants in automotive industry honoured by NADA

Giants in automotive industry honoured by NADA

The National Automobile Dealers' Association (NADA) recently held its prestigious MSXi NADA Dealership of the Year Awards, an elegant evening filled with celebration and recognition.

  • 27 March 2024