While an employer does have an obligation to pay salaries this obligation must be balanced with the reality of the situation.

If you cannot afford to pay them their full salaries then I would suggest perhaps a reduced salary if possible. Remember to sit down and discuss this with the employees beforehand just to be safe.

Unfortunately as I understand it the TERS has ended so that cannot be claimed from.

There is always the option of retrenchment if you cannot afford to pay them, there is no limit in terms of when an individual can be retrenched however you will still need to follow the procedure set out in section 189 of the Labour Relations Act. Retrenchment might be a bit premature as it sounds as though your situation could still change.

If you would like to consult you are more than welcome to contact me at RM Brown Attorneys, 021 202 1111.

KM. Labour Protect