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CAN PERSONS SUE THE DEPARTMENT OF EMPLOYMENT AND LABOUR?
During the first month of the Covid19 lockdown the Department of Employment and Labour (DOEL) delayed making TERS pay outs and deployed insufficient numbers of officials. Some employees are still struggling to get UIF payments from DOEL. Employers have had to close their businesses down, and employees, as well as former employees are in desperate financial straits. If such persons are able to prove that they lost their businesses/livelihoods or suffered other quantifiable losses due to the DOEL’s slowness are they entitled to sue the DOEL, or does the State of Disaster protect the DOEL?While I don’t think the persons who have the businesses have a claim against the DOEL, it is the employees who would have the claim.
Michael Bagraim
Section 61 of the Disaster Management Act (under which the various relief schemes have been establiushed) provides an indemnity. I quote it below:
Section 61 of the Disaster Management Act (under which the various relief schemes have been establiushed) provides an indemnity. I quote it below:
61. The Minister, the National Centre, a provincial or municipal disaster management centre, an employee seconded or designated for the purpose of the National Centre or a provincial or municipal disaster management centre, a representative of the National Centre or a provincial or municipal disaster management centre, or any other person exercising a power or performing a duty in terms of this Act, is not liable for anything done in good faith in terms of, or in furthering the objects of, this Act.
So, if one wishes to sue one would have to prove that the failure to provide the relief in terms of the Act was due to bad faith rather than incompetence.
Ingrid Lewin
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