[Question] Is the employee entitled to a salary

[Rues]

Hello my labor law practitioners,

Please kindly assist. I have an employee that was involved in an accident with one of our trucks. The truck went completely off road, leaving the employee with no work at the moment. As we wait for the insurance company to sort out the truck issue, is the employee entitled to a full salary or do we pro-rata it?

It was not the employee who was at fault though when he got involved in an accident. I have submitted his WCA claim. I ma just not sure what to do with his salary since at the moment he is not working....

Thanx guys...

[adrianh]

I think the word "salary" implies that he is a permanent employee and not hourly paid - not so?

[Dave A]

From this handy guide on the Labour.gov.za website -

Compensation is money paid by the Compensation Fund to employees who were injured on duty, to replace loss of wages and/or to pay medical expenses. If you are off work for three days or less, you will not receive compensation. Medical expenses will, however, be paid. For the first three months you are booked off from work, your employer is obliged to pay you 75% of your earnings/wages as at the time of the accident, if your injury is serious and lasts for the first three months. Your employer will claim this back, from the Compensation Fund. If you are off work for more than three months the money (salary/ wages) must be claimed directly from the Compensation (Fund).

So as to be clear:

1. The employer must pay the employee a minimum of 75% of the employee's remuneration from day 1 of the absence and for the first three months.
2. The employer can recover 75% of the employee's normal remuneration from the Compensation Fund from day 4 onwards up to three months.

[Rues]

Thank you so much Dave....

[JoseBanks]

The word salary means that he is not a freelance worker, right?

[Dave A]

The word salary means that he is not a freelance worker, right?

We have some interesting labour legislation in South Africa which impacts "freelance worker" employment relationships in a rather different way to what the case is in the USA.

Rereading the thread itself, I should probably also mention that WCA cover relates to absence due to injury/health of the employee and requires supporting medical documentation. Should the absence be due to the fact that there is no vehicle to drive, that is a workplace capacity issue and employee attendance issues start falling under the scope of the Labour Relations Act.

Essentially, the reason for the absence of the employee is material.