We have a major project that we are not meeting deadlines on and now have the need to impose overtime, this issue is also being forced by our parent company in the US. We have an employee who has been with us for 3 year but refuses to work o/t. We have been tolerant up to now but now have no option. Our employment contracts states that where business needs dictate it is a condition of employment that a reasonable amount of o/t is worked. My problem is this, we are unable to find a copy of the contract issued to this employee. All other employees have one but his doesn’t appear to be in his file this now begs the question if he was ever given one in the first place or did he just not return it? Where do we stand with forcing him to do the overtime in these circumstances and can we go down the disciplinary route if he still fails to work it? The o/t wouldn’t be excessive and he is in a well paid position that we would expect someone of his calibre to work additional hours to fulfil the position and it is his lack of input that has put us in this position in the first place. We certainly would not be breaching any working time regs and he does not have any family comitments or health problems preventing him from working o/t. The only reasons he has given us is that he is renovating his house and would prefer to do that than put in the additional hours. We do have an employee handbook which he has a copy of which outlines all of our company policies including overtime.
So my main question is that with him not having a contract can we force him to work o/t and if he won’t can we discipline him for it?
Thank you.
kirsa edwards