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Post Info TOPIC: Does COVID-19 Force Majeur apply in my case
Anonymous

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Does COVID-19 Force Majeur apply in my case
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I work for the Department of International Relations and Cooperation (DIRCO) When we are on posting there is a rule under normal circumstances that applies with regard to If you go on leave. We receive allowances abroad it’s basically like salary abroad but it’s called an allowance you only entitled to receive this when you are in your foreign country you were posted to. If you are away from the country fir more than 60 days they start reducing your allowance and eventually they take it away completely on the basis that you are not there. I took maternity leave in February I gave birth in March I showed intention of returning to that foreign country in April. Due to President Ramaphosa’s announcement of Covid and not being allowed to cross the borders I was stuck in SA. Now my work is penalising me for not being in the foreign country for something that was not my fault. In the process I was trying apply for my new horn’s passport but once again it was not made a priority as no one was allowed to travel. Does COVID-19 Force Majeur apply in my case?

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Anonymous

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Dear High Comissioner and Colleagues. I hope this email finds you well. As you may be aware I travelled to Pretoria South Africa on the 17 February 2020 with my Husband and my daughter , the purpose was to give birth recover and return within 60 days back to The country I was posted to to serve the rest of my maternity leave. As you are aware my movement control form indicated mine and my family’s intention of returning well within the 60 days I was meant to return on the 8th April 2020.  After the birth of my new born baby daughter, on the 18th March 2020 I proceeded to apply for her passport to return with   me and the rest of my family to The foreign country I was posted to, I e-mailed all relevant documentation to DIRCO required to apply for a passport with every intention to leave SA and return to country I was posted to. In this e-mail to The lady handling passports and the Corperate Service Manager at the High Comission was copied.I had to and still am currently using my private email as I have no access to my work email and it is not working.  Due to the President Ramaphosa’svannouncement of the whole country being forced to to take stringent measures as to not enable the Corona Virus to spread and to go into emergency mode, I was now confined to staying in South Africa which was obviously unplanned. Due to this announcement borders were shut down subsequently and announcements were made on tv by the Minister of Home Affairs that no passport documents will be processed and issued. I now find myself in a predicament.  1. Due to Presidents announcement I was forced to stay in the country with my family due to no fault of anyone.  2. My newborn baby’s passport has not been issued or processed.  3. Lastly I have also through no fault of my own exceeded the 60 days of not being in the country I was posted to, due to the above circumstances.  Basically I got a reply to the above email stating that the department will continue as per usual applying the rules. I thought COVID-19 forced majeure to apply.

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Labour Protect

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What you are trying to claim is a very complex legal remedy which is usually used as a defense to a claim rather than the basis of a claim. That's not to say that it's impossible but highly unlikely.

If you where to do so you will need to consult an attorney and will likely have to take the matter to a civil court rather than the CCMA. The amount of damages would have to be calculated and a claim made in either a magistrates court or even the High Court.

 

KM, Labour Protect



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