You don't have to pay your employees overtime
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
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.