SA employee’s HR request to ‘work from home in winter’ goes viral

A South African woman has appealed to her Human Resources (HR) department to allow her to work from home during winter.

Over the past week, much of the country has experienced a drastic drop in temperatures due to several cold fronts. 

According to recent surveys, many employers are adopting a “hybrid” working policy that includes work from home and office-based work.

SA WOMAN WANTS TO WORK FROM HOME DURING WINTER

On social media, Johannesburg HR professional Onkgopotse Legobye shared a letter she had received from an employee requesting to work from home in winter.

The letter from the unidentified woman reads as follows: “As winter is approaching, I am writing to request to work from home from 1 June to 31 August 2023.

“Winter is the coldest and darkest season, and I just don’t see myself getting out of my warm and cozy bed at 5am each weekday to come to work during this season.

“If my request is approved. I will be available on call and email throughout working hours from 8am to 4pm, Mondays to Fridays, to provide updates on my progress and ensure that all my talk will be promptly worked on”.

Legobye shared her shock and surprise at the woman’s request, which she denied.

In her official response to the woman, Legobye states: “I understand your concerns about the winter season. However, it is important to note that winter affects everyone, and you are not alone in experiencing these challenges.

“To work from home is considered a privilege and is granted based on personal seasonal preferences.”

However, the woman argued that her request was not unreasonable. She also asked if the company would permit employees instead to come in later.

“I think winter in Gauteng counts as exceptional circumstances.”

Legobye argued that the company could not justify the woman’s request, particularly when asking to work fewer hours for the same remuneration.

“Some people just enjoy pushing our buttons,” she added.

WHAT DOES THE LAW SAYS ABOUT REMOTE WORK?

During the Covid-19 pandemic, it was common for many employees to work from home.

But with the return to normalcy, many have also had to return to the working environment.

But is remote working a right or privilege?

In South Africa, the Basic Conditions of Employment Act (BCEA) of 1997 and the Labour Relations Act (LRA) of 1995 do not permit the right to disconnect or to work remotely.

An expert told BusinessTech: “(Employees) should not expect any legislative changes any time soon,” said the experts.

“For now, we recommend that flexible working arrangements be regulated in terms of policies.

“Employers should take proactive steps to discuss and decide what is practical within their environment and then clearly communicate their expectations to the staff who are impacted.”

According to Bowmans Firm, employment contracts must follow labour laws.