Employees can’t be disciplined for refusing to return to work

The department of employment and labour has issued amended regulations in relation to occupational health and safety (OHS) requirements and return to work policies that employers, who are permitted to operate under level 3.

The current regulations allow employees to refuse to perform any work, including attending work, where, if it appears to the employee or a health inspector that performing such work poses an imminent and serious risk of their exposure to Covid-19, the National Employers Association of South Africa (NESA) said.

The employee can personally or through a safety representative inform the employer as soon as they can of their refusal and the reason for the refusal to work.

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

The amendment includes ‘reasonable justification’ which will have to be determined on a case by case basis. NESA said it can create an opportunity for abuse by some employees who simply do not want to come to work.

A resolution has to be found either through external or internal processes.

(Compiled by Sandisiwe Mbhele)

For more news your way, download The Citizen’s app for iOS and Android.