The Office of the Compensation Commissioner will consider and adjudicate upon the liability of all claims. The medical officers in the Compensation Commissioner’s office are responsible for the medical assessment of a claim and for the confirmation of the acceptance or rejection of a claim (Republic of South Africa, 2004a).
It is clear that work-related upper limb disorders are reported to the Compensation Commissioner so that payment of medical costs, sick leave and compensation can be considered in terms of the Compensation for Occupational Injuries and Diseases Act. It is therefore concluded that these two acts are opposite sides: The Occupational Health and Safety Act, 1993 are preventative in nature while the Compensation for Occupational Injuries and Diseases Act, 1993 (Act number 130 of 1993) will compensate the worker if the worker suffered an injury due to poor health and safety in the work environment.
Boshoff (2013) confirms that poor occupational health and safety performance results in cost to the State (e.g. through social security payments to the incapacitated, costs for
medical treatment, and the loss of the “employability” of the worker). If potential hazards or risks are not properly managed, it will result in loss to organisational resources. Injuries and illnesses also decrease productivity, morale, and profits. It is therefore important to manage occupational and environmental accidents and ill health pro-actively by applying ergonomics, by training the teleworkers and ensuring compliance to the Health and Safety Act at all the alternative workplaces of an organisation.
Pyöriä (2011:388) emphasises the importance of labour legislation in designing a formal telework contract, an often neglected aspect in the research literature as well as in practice. Pyöriä (2011:397-399) maintains that a successful telework arrangement is a matter of agreeing on a common set of rules and adhering to those rules. However, it is important to note that the provisions of national legislation must be followed even when work is done in the employee’s home or some other place of the employee’s choice, and when it is done using the employee’s tools or machines. As in all ordinary work arrangements that fit the criteria of an employment relationship, it is always advisable to set out the terms of employment in writing. A carefully drafted written or electronic contract provides a useful tool with which both the employee and management can see the benefits and drawbacks of the new work arrangement. Such a telework contract should include the following as unambiguously as possible:
Validity of the contract
The date of commencement;
nature of employment contract, indefinite/fixed term (criteria for fixed term appointments to be specified if necessary);
trial period and/or period of notice if applicable; and
if the telework contract terminates or is terminated by one party or by mutual consent, the employee shall have the right to return to his or her previous or equivalent job.
Place and time of work and payment
Place: definition of telework site (e.g. employee’s home or electronic cottage); in the case of part-time telework it is recommended that terms and conditions are defined regarding arrangements for the use of the employer’s premises (e.g. sharing of a workstation by several teleworkers).
Time: as a general rule, teleworkers shall be responsible for compliance with working hour norms specified in the contract; in part-time telework, it is
recommended that rules are laid down on how work hours shall be divided between the telework site and the employer’s premises.
Pay: criteria for wage determination (e.g. normal monthly salary and overtime pay separately).
Employee’s duties
The teleworker must be present at the employer’s premises whenever work demands require their presence (e.g. meetings);
the teleworker must be contactable by the employer, other employees or customers during specified times;
the teleworker must comply with the employer’s safety guidelines; and reporting on the progress and completion of work (e.g. hourly logbook).
Employer’s duties
To compensate the costs incurred to the employee from telework as applicable (e.g. telephone and telecommunications connections);
provision of necessary training and other instructions (e.g. definition of the rules and restrictions regarding the use of information and communication technology and the consequences of violating these rules);
occupational safety (e.g. ergonomics); ensure that teleworkers and other employee groups are treated equally in internal workplace communications, personnel training, recreational activities, etc.; and
respect the teleworker’s privacy.
Job tasks and monitoring performance
The content of telework job tasks, timetable and possible interim objectives must be defined on a case by case basis to a degree of accuracy that leaves no room for misinterpretations; and
the focus of monitoring in telework must be on outcomes and results, not on the actual work process or working hours.
To assist organisations with regulatory compliance with the Acts discussed, a conceptual telework framework will be proposed to the teleworking organisations (cf. Chapter 5, paragraph 5.5). This framework will incorporate the policies and regulations required to ensure the successful implementation of a telework programme in organisations.