In South Africa, employment relationships are governed by contracts of employment, the Labour Relations Act (LRA), any applicable collective agreements (including Bargaining Council Main Agreements), the employer’s policies, and the Common law duties of fairness and trust. A contract of employment sets out the duties an employee is hired to perform. However, South Africa’s governing legislative frameworks recognise that employers retain a broad, but not unlimited, right to direct work. This right of direction is part of the foundation of the employment relationship but must be exercised within the limits of the employment contract and the duty to act fairly.

Lawful and Reasonable Instructions

Any instruction to an employee must be lawful and reasonable. Courts typically consider:

  • Whether the work falls within the terms, duties, and conditions of the contract
  • Whether the instruction, even if outside the strict job description, is ancillary to the employee’s role
  • The circumstances in which it is given
  • The employer’s operational requirements and business needs.

The Labour Appeal Court confirmed in National Union of Metalworkers of SA on behalf of its members v Lumex Clipsal (Pty) Ltd (J1070/98) [2000] ZALC 85; [2001] 2 BLLR 220 (LC); (2001) 22 ILJ 714 (LC) (24 August 2000) that an instruction to perform additional work is reasonable if it does not change the fundamental nature of the employee’s job.
If the instruction alters the duties to such an extent that it effectively changes the terms of employment, it may constitute a unilateral variation, which the employee can justifiably refuse.

Collective Agreements and Sector-Specific Rules

In certain sectors, Main Agreements provide additional clarity. For example, the Bargaining Council for the Restaurant, Catering and Allied Trades (BCRCAT) Main Agreement states that, unless expressly otherwise provided in a written contract, nothing in the agreement shall preclude an employer from requiring an employee to perform work of another grade, for which the same or lower wage is prescribed. This means that, in some circumstances, employees may lawfully be required to perform work outside their usual duties, as long as it is consistent with the agreement and their contract.

When Employers Can Require Employees to Perform Other Work

Employers may require employees to take on additional duties if:

  • The instruction is lawful and reasonable
  • The tasks are ancillary to the employee’s main duties
  • The work aligns with operational needs
  • The instruction does not materially change the employment contract

When It Is Not Appropriate or Lawful to Require Employees to Perform Other Work

It is not lawful to require employees to perform a completely different job without agreement. For example, a waiter cannot be instructed to act as a bookkeeper without consent and without proper terms, as such a change would be a unilateral variation of the contract and may be refused. It goes beyond reasonable direction and alters the fundamental nature of the role agreed upon at the start of employment. Employers attempting such a change without consultation risk claims of unfair labour practice, constructive dismissal, or breach of contract. In these cases, courts and the CCMA generally uphold the employee’s right to decline work that is substantially different from their contracted duties.

Once-Off or Exceptional Instructions

South African law recognises that businesses are dynamic. Employers may require flexibility from employees on a temporary basis, provided certain conditions are met:

  • The instruction is temporary and exceptional
  • There is a genuine operational need (e.g., staff shortage or emergency)
  • The task is not demeaning, unsafe, or unlawful
  • The employee is reasonably capable of performing the task

Courts have repeatedly held that employees do not have the right to perform only the tasks they started with, particularly where the instruction is short-term and business-driven. Clear communication about the temporary and exceptional nature of the instruction is critical.

Conclusion

Employers have a wide right of direction over the work employees perform. To exercise this right lawfully, employers should ensure that all their instructions are lawful, reasonable, and consistent with contracts and collective agreements; they should use job descriptions as helpful references, but context and reasonableness determine lawful extensions of duties; and they should consult and document any significant changes to avoid disputes. A thoughtful, fair approach ensures operational flexibility while protecting employees’ rights and avoiding legal risk.