How should employers address COVID-19?

The global outbreak of the coronavirus has sent shockwaves through the world, and workplaces are not immune to the concerns surrounding the pandemic. Employers are facing the challenge of providing a safe working environment for their employees while also ensuring business continuity. Johan Botes, Partner and Head of the Employment Practice at Baker McKenzie, shared insights on how companies should address the COVID-19 crisis in a recent interview with CNBC Africa. As Botes highlighted, every employer has a duty to assess the risks to its workplace and take necessary steps to protect its staff. While panic is not helpful, sensibility is essential in implementing strategies. Some companies have successfully transitioned to remote work for certain operations, reducing the number of employees in the workplace to minimize risks. However, for roles that require physical presence, employers must ensure that safety measures, such as hand sanitizers and limiting unnecessary travel, are in place. Botes emphasized the importance of open communication between employers and employees. If an employee expresses discomfort about certain work-related activities, such as travel, employers should engage in discussions to understand the concerns and assess the risks. The liability, in case of an employee contracting the virus, depends on whether the employer took reasonable steps to prevent harm and provided a safe working environment. In the event of confirmed cases of COVID-19 in a company, employers have an obligation to inform their workforce without divulging personal information. By keeping records of visitors and advising those who may have been exposed to seek medical advice, companies demonstrate responsibility in protecting their employees' health. Regarding payment and leave policies, Botes clarified that employees who offer their services to the employer are entitled to remuneration, even if they cannot work due to safety concerns or company shutdowns. He also addressed concerns about annual leave and family responsibility leave, stating that while the law may not explicitly cover situations like the current pandemic, employers can show empathy by considering individual circumstances and finding flexible solutions. The conversation between employers and employees during this challenging time is crucial to balancing business needs with health and safety considerations. As companies navigate the uncertainties brought about by COVID-19, a collaborative approach that prioritizes both employee well-being and operational continuity is essential. By adhering to legal obligations and fostering a supportive work environment, businesses can weather the storm and emerge stronger on the other side.