Level 4 Phasing-In and Fairness

The excitement was real when sales of Motor Vehicles were included in the Regulation which were published by the Minister of Cooperative Governance and Traditional Affairs (COGTA) on 29 April 2020, specifically in terms of Table 1 and Part H6, which provides for “car sales under specific directions.”

After all, motor vehicle sales are one of the main arteries of the Retail Motor Industry! From 1 – 3 May, most Dealerships spent time cleaning and preparing their Dealerships for business to open on Monday, 4 May 2020.

The key word

The first week of May 2020 came with its own challenges and the under specific direction three-word phrase, became a powerful line and the key words prior to operations.

Twelve days into May 2020, we were without the specific direction, eager to resuscitate automotive retail. Finally, last night, 12 May 2020, the long awaited Specific Direction was published in Government Gazette 11111 – Vol. 659 12 May 2020 No. 43308.

Fairness when returning

The specific direction does however come with its own challenges, one of which has been contravened even before the publication of the specific direction.

Phase One of Level 4 (2.3.1.1) provides that “all dealerships and used car outlets will operate with up to 30% of employment, subject to a maximum of one employee or customer per every nine (9) square metres of floor space: Provided that small businesses may operate with a minimum of five employees.”

MISA is aware that many employers, especially at the larger dealerships, opened earlier in May 2020 and called back only 30% of staff. Fairness however dictates that there should be a rotation of staff to allow everyone an opportunity to generate an income. The specific direction does not provide for the same 30%, or the same 5 employees.

Health and safety does play a role and your employer must still comply with the lockdown regulations and the Level 4 phasing-in directive as discussed previously. The one very important aspect that should always be one of the main factors in considering whether you can return to work, is your health, that of your colleagues and the public.

Therefore, should your occupation be one that is specifically provided for in Level 4, you are healthy and you do abide by all the directives, you are entitled to return to work and to generate an income. 

You are not alone

MISA is your voice. We are not indifferent to the challenges that you, our members, are facing, specifically. Contact MISA to assist you in getting the clarity you need.

How to contact MISA during the lockdown:

Kindly utilise the following e-mail addresses and links for assistance during this time:

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