In this time of Covid-19, we are aware that people with co-morbidities are encouraged to work from home, as they are susceptible to contracting the virus. An employer amended the employment contract to ask all employees to work from the office at Level 2 of the National State of Disaster. An employee with a diabetes and an autoimmune disease (these qualify as co-morbidities) is then forced to work from the office and threatened with retrenchment if they do not. The employee has four children, a mortgage to pay on their house, and many bills. Their partner has also lost their job as a result of Covid-19 and so this income is essential for their family.

What could this sort of situation be deemed and what must be proved by the employee in order to void the amendment to their employment contract?