In the second part of our COVID-19 dilemma series:
- We speak to Mandlakazi Mbete about the impact COVID-19 has had on her restaurant.
- Eunice Cross tells us how the law protects employers and employees at this time.
South Africa is currently fifth in the world on the list of worst hit countries. The rate of infection is through the roof and the death toll has crossed the 5 000 mark. It’s a mess.
Most business owners are faced with a difficult choice: to open and risk contributing to the rising infection rate or face bankruptcy. This is the COVID-19 dilemma.
In the first part of this series, we spoke to Mzo Ntuli about his decision to delay hosting in-person events, and rather concentrate on making an investment in a tech platform for hosting virtual events.
This week, we speak to restaurant owner Mandlakazi Mbete.
Fresh Yumm Cafe
Q: Mandla, tell us a bit about your restaurant
A: The name of our restaurant says it all – everything is fresh. The look and design of the restaurant is new and modern. The food is fresh, healthy and appetizing (as we all eat with our eyes first).
In terms of the venue itself, we designed it so that everyone can come in, relax and enjoy clean, good food. We are located in a family-oriented shopping center that doesn’t have the big commercial shops, but focuses on smaller niche businesses. We want our restaurant to be a place where a family comes in to have lunch after a day of shopping.
Our ingredients are sourced directly from local farmers to guarantee the freshness that we are about. That adds quality to the end product that we put in front of our customers.
We also want to be a hub of knowledge on everything cuisine. A place where people can source organic products from local farmers. We want to build a community with our suppliers so we can thrive together.
Q: How are you coping during lockdown?
A: We are not coping at all. On the 27th March, the beginning of lockdown, we had to temporarily lay off all our employees. As a restaurant, all our revenue comes from sales. No sales means no money to pay salaries, rent, etc.
The only thing we could do for our staff was to organize food parcels for them, and that was only for the first month. Its been a hard time for us, to say the least.
Q: The COVID-19 dilemma: To open or not to open?
A: We don’t think its wise to open now, considering the high infection rate. The point of the lockdown was to curb the spread and decrease the rate of infection. Opening now will be in direct contradiction to that.
So to us it doesn’t make sense to open when we’re in the eye of the storm. Its a futile exercise. We’re going to open and two days later we get told there was an infected person in the restaurant. We will have to close, fumigate and quarantine our employees. It’s going to cost us money we don’t have. And, we will have to pay salaries during that time.
To top it off, with the increasing rate of infection people are staying at home. So who are we opening for?
Q: Looking forward?
A: Although its not making any sense for us to open now, we obviously have to open at some point. We have set a preliminary date for pening as 1st August 2020. But we will reassess closer to the time.
To Open or Not To Open: The COVID-19 Dilemma [Part 1]
EC Advisory
Q: Eunice, how does the law protect employees who are required to be back at work?
A: As a starting point, in terms of the Compensation for Occupational Injuries and Diseases Act (COIDA) and the Basic Conditions of Employment Act (BCEA), employers have a legal obligation to provide and maintain as far as reasonably possible, a workplace that is safe and without risk to its employees.
Amidst the uncertainty which COVID-19 has brought to business in South Africa, we can still obtain directive and guidance from existing labour, health and safety legislation, our common law and from authorities such as the World Health Organisation (WHO), the Department of Health and National Institute of Communicable Diseases (NICD) when addressing legal issues affecting the workplace.
In the current environment, in order to prevent infection or transference of COVID-19 to employees and those persons that may be affected (i.e. clients, suppliers and contractors), employers should implement health and safety measures such as using sanitizers, general cleanliness and hygiene processes, compulsory wearing of cloth masks, social distancing, and health and safety protocols specific to that business as may be required by the government and per the employer’s COVID-19 work plan.
Employers who fail to do so may open themselves to liability should their employees become ill in the workplace as a result. Although notably, COIDA does afford employers some level of protection in this regard as employees may claim from the compensation fund.
Where employees may not return to work due to exposure to and sickness from COVID-19, employees are entitled to take sick leave with presentation of a medical certificate, annual leave and family responsibility leave as per BCEA and employment contracts.
Q: Where can we go for advice specific to our business and circumstance?
A: You can contact EC Advisory through our website or send an email to cross@ecadvisory.co.za.
In conclusion
We wrote this blog series to highlight two things: the pressure faced by businesses, and to show businesses facing the COVID-19 dilemma that they are not alone.
Please leave a comment below and let us know how your business has been affected.
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