The Response of Labour Law to COVID-19 Related Dismissal in South Africa

The outbreak of the COVID-19 pandemic in 2020 imposed sudden and severe hardship on several businesses. It not only resulted in fatalities, but it also caused significant numbers of job losses. As a result of the COVID-19 outbreak employees in the workplace had to adapt to the new normal and certain constitutional rights were limited. Many employees were retrenched, and as a result, these COVID-19 retrenchments were not procedurally or substantively fair. The post COVID-19 period has highlighted that much work needs to be done to reform our existing labour laws. During pandemics, current labour regulations do not help. As a result, the question arises as to how far the Labour Relations Act 66 of 1995 protects employees in the workplace in times of public health emergencies. This article will look at how labour laws responded to COVID-19 retrenchments. It will also go over the forms of dismissal and important judicial decisions handed down during the COVID-19 period that support the idea that retrenchments made during the COVID19 period were unfair. Thus, the authors will examine how to maintain the promotion of justice in the workplace and provide a discussion of law reform ideas that can be used to address the employment law-related flaws of the COVID-19 period will be presented in order to avoid the same challenges during pandemic periods that the country may face in future.