MRL3702

In this matter, the employees were employed in a workplace that is fraught with danger. The employer’s business involves dangerous machinery and vehicles, and the conveying of large logs weighing between 30 and 100 kgs. An error in the workplace could cause fatalities. The employer, as part of its workplace safety regulations, adopted a zero-tolerance stance on substance abuse. This was clear from its substance abuse policy and the regular “toolbox” safety talks it held with employees.

Discuss the position of the law with regard to Porschee and Roy’s refusal to work overtime and DM’s threat to dismiss them. Porschee and Roy’s argument can stand in court and why Section 101 provides that employees may only be required to work overtime in accordance with an agreement between employees and their employer, and that employees may not work more than ten hours’ overtime a week. In terms of the Basic Conditions Employment Act, 1997 overtime may only be worked by agreement...