ARTICLE · 21 JUNE 2023

When Does A Refusal To Work Overtime Constitute Insubordination?

ENS

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A deliberate refusal to comply with a reasonable and lawful instruction can constitute a form of misconduct, known as insubordination, and can lead to a disciplinary hearing.

South AfricaEmployment and HR

Thato Maruapula

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A deliberate refusal to comply with a reasonable and lawful instruction can constitute a form of misconduct, known as insubordination, and can lead to a disciplinary hearing. The recent decision of the Labour Court in AMCU v Andru Mining (Pty) Ltd and Others dealt with the question of whether an employer's instruction to work overtime qualifies as a reasonable and lawful instruction and if non-compliance amounts to insubordination.

Factual background

Andru Mining (Pty) Ltd (the "Employer") charged four of its employees with gross insubordination when they refused to obey an instruction given by their site manager to work overtime in order to meet its production goals. The Employer alleged that this refusal resulted in a loss of production. The employees were found guilty and dismissed following an internal disciplinary hearing.

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