HomeHome SearchSearch MenuMenu Our productsOur products

Here's what the Courts have to say about extreme overtime for workers

by , 25 August 2016
Here's what the Courts have to say about extreme overtime for workersYou have a group of workers in your small toy factory, and they have standard working hours. But just before Christmas, you expect them to work extreme hours, because it's 'peak season'.

All of a sudden, your workers are strongly against this and take you to the CCMA, despite the fact they've been doing it for years.

The following case Maneche & Others v CCMA & Others (Northern Cape Mushrooms) will help shed light on the issue...

*****ADVERTISEMENT*****

You don't have to pay your employees overtime...

Discover the four alternatives you have that can save you thousands on your staff's salaries this month...

**********************

Here's what the Courts have to say about extreme overtime for workers 

 
Case: Maneche & Others v CCMA & Others (Northern Cape Mushrooms)
 
What were the facts of the case?
 
A mushroom farm in South Africa's Northern Cape had employees who were working excessive overtime in order to meet the requirements during the peak-picking season. One day the employees left work after having worked three hours' overtime as covered in the Basic Conditions of Employment Act (the BCEA clearly states that an employee may not work more than three hours' overtime in a day).
 
This was done even though the work for that day hadn't been completed for the day, and so they were dismissed for insubordination.
 
What happened next?
 
The employees then referred the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA) for unfair dismissal.
 
At the CCMA, Northern Cape Mushrooms argued their employees had been working excessive overtime during picking season for years. And the CCMA actually agreed with the employer.
 
The matter was then referred to the Labour Court, in which it was decided while employees had been working excessive overtime for years, it still undermined the very foundation of the relevant legislation. So they couldn't dismiss the employees.
 
What can you learn from this case?
 
You simply can't make employees work more than the allowed hours of overtime, even if your employment contracts state they will.
 
 

*Do you want to learn more on overtime, such as:
 
·         How many hours of overtime you can legally ask an employee to work; and
·         What you can do if an emergency calls for lots of overtime?
 
Then page overt o Chapter O 02 in your Labour Law for Managers handbook, or click here to order your copy today. 


Related articles




Related articles



Related Products



Comments
0 comments


Recommended for You 

  Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance



Here are all the most interesting, thought-provoking and common tax questions
asked by our subscribers over the last tax year – everything from A to Z!

To download Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance click here now >>>
  Employees always sick? How to stop it today



Make sure you develop a leave policy to regulate sick leave in your company.

BONUS! You'll find an example of the leave policy and procedure in this report.

To download Employees always sick? How to stop it today click here now >>>
  Absenteeism: Little known ways to reduce absenteeism



This FREE e-report will tell you how you can reduce absenteeism in your workplace while avoiding the CCMA and without infringing your employees' labour rights.

To download Absenteeism: Little known ways to reduce absenteeism click here now >>>
  7 Health & safety strategies to save you thousands



Don't let a health and safety incident cost you one more cent. Implement these seven
strategies in your company today.

To download 7 Health & safety strategies to save you thousands click here now >>>