Unfair dismissal of employees that refused to work overtime

For many years I have personally cautioned employers attending our training to be mindful of section 10 (5) of the Basic Conditions of Employment Act. This section requires that an agreement to work overtime, concluded during the first three months of employment (typically in a contract of employment), must be renewed after the first 12 months of employment. Failure to do so will render the initial agreement to work overtime to be of no effect. The subsequent dismissal of an employee for ...

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