When is Overtime Reasonable

Seasonal demands in agriculture often require employees to work overtime. There is a general expectation that an employee will work ‘reasonable overtime’. But what is reasonable when it comes to employees working more than their regular hours of work?

Reasonable overtime are the additional hours an employee may be asked to work beyond their ordinary hours, provided those hours are fair, safe, and justified given the circumstances.

Basically, overtime is considered reasonable when the request balances the needs of the business with the employee’s personal situation. An employee can advise the employer that they are not able to work the overtime, but again, the refusal must be reasonable.

When determining whether the request for overtime is reasonable the following matters are considered:

• Health and safety risks

Will the overtime cause fatigue, stress, or injury.

• Personal circumstances

Does the employee have family responsibilities or other personal needs.

• Business requirements

Is the additional work unforeseen, urgent, or an emergency.

• Compensation

Does the employee receive paid overtime rates, time off in lieu, or for salaried employees does the salary allow for extra hours.

• Role and seniority

Managers and senior staff often have a higher expectation of working extra hours.

• Notice given

Was the employee given sufficient notice of the need to work extra hours.

• Industry norms

What is standard practice in that occupation or industry.

Apart from looking at the above, overtime can be considered unreasonable if is frequent and without justification or becomes an ongoing expectation rather than occasional.

If you require an employee to work additional hours you should ensure that it is reasonable and fair and note the award requirements as to overtime payments or time off in lieu (TOIL) and in some instances the need to pay additional allowances for meals and even travel.