COVID-19: Refusal to work by employee

… navigating through the COVID-19 LOCKDOWN scandal …

REFUSAL TO WORK BY EMPLOYEE

Dear employer

The Department of Employment and Labour issued amended regulations in respect of OHS requirements and return to work polices that employers, who are permitted to operate under Alert Level 3, must adhere to.

Among these regulations is a directive that an employee may refuse to perform any work, including attending work, where “with reasonable justification”, it appears to the employee that performing such work will pose a serious or imminent risk of exposure to Covid-19.

Although a no-work-no-pay policy will apply, the employer may not take any disciplinary action against such an employee for exercising this right.

The difficulty with this issue is that “reasonable justification” will have to be determined on a case by case basis and creates a massive opportunity for abuse by employees who simply do not want to come to work.

Employers are advised to contact their regional NEASA office for assistance in this regard.

Please click here to view the regulation.

NEASA 24/7 NATIONAL HOTLINE: 086 016 3272
legalhotline@neasa.co.za
(please have your membership number at hand)

For more information:
NEASA Media Department
marietha@neasa.co.za

We are all in this together.
Privileged and challenged to be South African.