I read a story the other day of a travel-influencer from the US who was taking a trip on a luxury train and was sharing the experience with his followers. After a stop at Matjiesfontein, everybody was ready to depart again, but nothing happened. Having enquired about the delay, the influencer informed his followers that “This country has something called load-shedding. We have to wait now for 2 hours for the electricity to come back on so that the train can move”.
To anyone not living in South Africa, this probably sounds a bit ridiculous and typically like what you’d expect from dark, dark Africa (pun intended!). South Africans however have had to face and adapt to this reality - and especially so in our workplaces, where the impact has sometimes been devastating. Add to this the adjustments everyone is still making around remote work and hybrid working options after Covid-19, and there is a lot of uncertainty to go around.
Law firm Bowmans has published a useful article in this regard, and I have added a few thoughts of my own. Let’s summarise:
Working on-site
If employees tender their services at the workplace but they are unable to work due to lack of power, the employees have to be paid for those periods even if they do not work (or are sent home).
Possible solutions:
Invest in alternative power sources such as solar, generators, etc. for the workplace or parts thereof.
Spend load-shedding times on activities that may not require electricity, such as staff meetings or training.
Consult and agree with employees or their representatives about possible adjustments to working hours to minimise the loss of working time – that is if it is possible to plan this in advance around the load-shedding schedule.
Remote work
If employees are required to work from home or somewhere else, the employer is responsible for the necessary infrastructure to enable the employee to do so productively, safely, confidentially and within the relevant IT security protocols. During load-shedding, if the employer expects the remote employee to continue working, the employer would need to ensure that the employee has access to the internet and/or a reliable alternative power source. The employee would in turn be responsible to ensure that their devices are charged.
Hybrid working
If remote work is not required by the employer, but it is agreed between the employee and the employer that some work may be done remotely, then they can enter into a hybrid-working arrangement. There are many different types of hybrid working models – but is usually includes some combination of working remotely and on-site.
It is recommended that the expectations and rules applicable to the specific hybrid-work arrangement (and remote work, for that matter) are clearly set out beforehand, to avoid disputes and challenges later on. Employers should always make it clear that any arrangements that allow for periods of remote work are not contractual rights given to the employee, but that the situation remains flexible and contingent upon operational requirements.
As such, if the employee is unable to work remotely during planned periods of load-shedding, the employer will be able to insist that the employee come in to work at the office if power is available there, and that they should factor in sufficient travel time and delays so that they do not lose working time.
Alternatively, and only if this is viable, the employee would have to agree to work in the time lost during load shedding at a later stage, such as in the evening.
If the employee cannot work within these parameters, the employer would be entitled to revoke the remote/hybrid work arrangement.
Load shedding will most likely be part of our lives for the foreseeable future, so it is important for both employers and employees to consider the impact on their working time and to plan ahead.
© Judith Griessel
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