Legal experts dive into at a case where four employees had been fired for refusing to work overtime.
South African employees cannot be fired for refusing to work overtime if there is no binding agreement that says otherwise.
Four employees of Andru Mining Ltd, who were represented by the Association of Mineworkers and Construction Workers Union , were fired for gross insubordination for disobeying an order from their site manager to work overtime. An agreement concluded in terms of subsection with an employee when the employee commences employment, or during the first three months of employment, lapses after one year.
The employer’s instruction to work overtime for these three employees was deemed unlawful and unreasonable. The LC, thus, set aside the commissioner’s findings that the three employees were guilty of gross insubordination.Maripane v Glencore Operations South Africa Ltd [2019]“The reasonableness of any instruction also depends on its lawfulness and enforceability…any instruction to do what is unlawful, or in breach of a contractual term is not reasonable”.
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