A summary of key questions are listed below:
Can businesses reopen and start trading under Alert Level 3?
Businesses allowed to operate under Alert Level 3 will be expanded to include all businesses where employees cannot work from home, but only if the business can operate “safely".
This will require businesses to have no physical contact with customers and to put in place appropriate safety precautions for employees.
Landlords and tenants' obligations under Alert Level 3
There is significantly more scope for disagreement as to whether clause 27.5 of the ADLS lease suspends rent and outgoings under Alert Level 3.
The key issues will be whether a tenant is permitted to “access" the premises and “fully" conduct its business under Alert Level 3.
Issues for employers and employees under Alert Level 3
For employees who can work from home, those arrangements continue.
Employers may need to review employees' shift patterns, working hours, types of work performed, and work locations to ensure compliance with health and safety requirements.
Under Alert Level 3, business will need a COVID-19 safety plan that outlines how they will operate safely.
Where employers are likely to experience a decrease in demand, it may be necessary to consider operating with a reduced number of staff – good faith consultation will apply.
Employers that have obtained the Wage Subsidy will need to be careful to apply the requirements of that scheme to all employees, whether or not they are able to return to full work duties.
Read the full article here:
COVID-19 Alert Level 3: What business owners, landlords and tenants, and employers need to know - 20 April 2020
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