Refusal to work overtime absent an agreement, can you be dismissed?

Employers often enter into employment relationships with employees with the primary objective of advancing their financial interests. It is the most fundamental and known principle of employment that employees are employed to advance the employer’s financial objectives – put simply, to achieve production. But what happens when the employer refuses to work overtime? Is the agreement entered into at the commencement of the employment relationship sufficient to rely on throughout the course of employment? An employer who dismissed employees for insubordination for refusing to work overtime has recently been ordered to retrospectively reinstate employees with full back pay. This arises after the employees refused to work overtime. The employer relied on their employment agreements which had an overtime clause.This clause has become common that most employers have it almost in all employment agreements and rely on it when employees refuse to work overtime throughout the course of employment.

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BINDING OFFERS FOR VOTING INTERESTS IN BUSINESS RESCUE PROCEEDINGS

On 28 April 2023 the Supreme Court of Appeal delivered a reportable Judgment in the matter of Louis N O and Others v Fenwick N O and Others which dealt primarily with the consequences of when a binding offer in terms of section 153(1)(b)(iii) of the Companies Act 71 of 2008 (“the Act”) is rejected, and the interpretation of how this affects s153(4) of the Act.

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Online Defamation: The appropriate response to a tirade

When companies are confronted with defamatory remarks online, they have rights and recourse. Defamatory remarks posted online can taint a company's reputation and credibility. With the increased reliance on information found on the internet in modern society, it is essential to monitor online references to the company.

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SARS IS EMPLOYING AGGRESSIVE METHODS TO RECOVER OUTSTANDING DUES

In the midst of a challenging fiscal landscape in South Africa, where a mounting budget deficit is exacerbated by strained tax collections, the South African Revenue Service (SARS) has taken an uncompromising stance against tax evasion. This intensified approach to revenue collection demands the attention of every taxpayer, prompting a crucial call to action. As your legal advisors, we urge you to stay vigilant and proactive in managing your tax affairs, for the consequences of negligence have never been more severe.

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ONE WORD – RELATIONSHIPS DEFINED - PARTICULARITY NEEDED IN WORKPLACE POLICIES

Family responsibility leave in terms of Section 27 of the Basic Conditions of Employment Act 75 of 1997, is leave amounting to a total of 3 days in a leave cycle. To access these leave days, you must have been employed for 4 months and work at least 4 days a week for that employer.

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May employers dismiss their employees for refusing to be vaccinated against Covid-19?

South African employers are operating in economically dire times, often resorting to extreme measures in complying with Covid-19 Health and...

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Mandatory vaccination policies in the workplace. Are they lawful and enforceable?

As the world slowly crawls back to some semblance of normality and many countries consider lifting their travel bans, one topic of debate is ongoing, both in South Africa and abroad. Can and should companies implement mandatory vaccination policies on their employees?

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How to handle employees’ claims of contracting COVID-19 and their subsequent absence

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How to handle employees claims of contracting COVID-19 and their subsequent absence

Employers have had to adapt to continue with their business operations during the Covid-19 pandemic, the ensuing lockdowns, and strict government regulations. Those companies able to work online from home have greatly mitigated the risks of staff contracting Covid-19 and potentially affecting their business operations.

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Fake news in the era of COVID-19

Globally, the COVID-19 (Coronavirus) pandemic continues to wreak havoc. South Africa is currently in the midst of a 21-day shut...

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COVID-19 Lockdown and its impact on the movement of minor children between co-holders of parental responsibilities and rights for purposes of exercising contact to minor children

On 7 April 2020, the Minister of Social Development issued new Directions which allows the movement of children between co-holders...

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Global Assets, Local Heirs: Estate Planning Essentials for South Africans

For many South Africans, diversification now includes assets outside our borders - property in London or Lisbon, a brokerage account in New York, funds in Mauritius, or shares in a multinational.

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Why Strategic Intergenerational Wealth Planning is Critical for Family-Owned Businesses

Family-owned businesses form a vital part of South Africa’s economic fabric.

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Situs Tax: The hidden estate risk for South Africans with offshore investments

With global investment opportunities becoming increasingly accessible, more South Africans are diversifying their wealth across borders.

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Tax Law Tightens For SA Trusts with Offshore Beneficiaries

South Africa’s recent amendment to section 25B of the Income Tax Act introduces a material change in the taxation of income distributed by resident trusts to non-resident beneficiaries.

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Legal uncertainty: Can extreme violence render a protected strike unprotected?

On 28 January 2025, the Durban Labour Court in South African Container Depots (Pty) Ltd t/a Bidvest SACD v Sheriff: Durban Coastal, Provincial Commissioner: SAPS, NUMSA, RETUSA and others 2025 ZALCD 3 dismissed an urgent application by Bidvest to, amongst other things, have a protected strike declared unprotected on the basis of acts of extreme violence committed against its employees and those of its contractors,and interdicting the employees from striking until picketing rules had been agreed or issued by the CCMA.

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All eyes on the Pretoria High Court: The DA’s challenge to the EEA amendments heads to court for hearing on 6 May 2025

On 14 June 2023, the Democratic Alliance (“DA”) launched an application in the Pretoria High Court, challenging some of the most recent amendments to the Employment Equity Act 55 of 1998 (“EEA”), as unconstitutional and invalid.

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