It is important to note that In South Africa, there is no legal right to work from home.
Despite this, employers have a duty under section 8 of the Occupational Health and Safety act to provide a safe working environment.
An employee may feel unsafe due to a work-related illness such as COVID, or civil unrest could be the source of this workplace risk.
Therefore, if an employer cannot ensure your safety, then you may have a basis to argue that you should work from home.
Has the employer taken safety measures?
By taking necessary steps to protect you with masks, sanitizers, safe working distances, or by posting security, or by clearing the road during an unrest, then an employer has taken necessary steps to protect you.
When your employer has taken those measures and ordered you to return to work yet you refuse, you may face a disciplinary hearing.
The employee should write to their employer if they are feeling unsafe because they have not taken any or are taking insufficient measures. They should explain why they feel unsafe and what is making them feel unsafe.
In the event of a disciplinary hearing, it will be extremely helpful to have this in writing so that you can use it at a later stage.
It is an employer’s responsibility to provide workers with a safe working environment. No employee has the right to work from home.
