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Striking at the right time
Posted on: 16 February 2010
This forms part of our Trade & Industry articles
As we are hoping to deliver the best strikers in the competition, we are rather known to be the best strikers for the wrong reasons. Already we hear reports that Cosatu is threatening to demonstrate at all FIFA establishments for not engaging South Africans with the production of related products. This is a justifiable call as we could have supported South African business and people in this way. Nevertheless, with the biggest party ever to come to South Africa, our biggest challenge in the workplace will be attendance at work and managing absenteeism or even presenteeism.
According to reports, the World Cup will pump around R21.3-billion into South Africa's economy, generating an estimated R12.7-billion in direct spending and creating an estimated 159 000 new jobs. "There will be a big direct injection for the economy", Standard Bank economist Goolam Ballim said after Fifa announced the 2010 host. "But the indirect impact may be more meaningful for a sustainable economic lift in subsequent years ... it will help change the perceptions that a large number of foreign investors hold of Africa and South Africa."
So, are we “fit for purpose”? In February 2007 it was reported that "Sick absenteeism costs the country about R19 billion each year”. Absenteeism is in all probability the single biggest cause of lost time and poor productivity. However, it was reported in 2008 that absenteeism had decreased by 30 percent, bringing down the average cost of absenteeism by R120-million. Therefore, managing sick leave and sick leave abusers correctly makes good business sense.
The Basic Conditions of employment Act (BCEA) provides for the right of employees to annual leave. Employees may only take leave from work if there is an agreement between the employer and employee. In the event of no agreement between the employee and the employer, then the employer must decide on when the employee may take leave. The important emphasis is that no employee may take leave without the express permission from his or her employer. Any unauthorized leave is regarded as misconduct and in breach of the employment contract.
One must also be aware of the risk that employers may unfairly refuse leave with the intention to victimize the employee. In such cases the employees may claim an unfair labour practice with regard to implementing employment policies and procedures.
Employees have a fundamental duty to render service, and their employers have a commensurate right to expect them to do so. A basic element of this duty is that employees are expected to be at their workplaces during working hours, unless they have an adequate reason to be absent. Our courts have confirmed in a myriad of cases that absence without permission is serious and may lead to the fair dismissal of the employee.
Under the common law, willful absence from work constitutes a breach of contract and justifies immediate termination of the contract. In our law the onus rest on employees to provide an explanation for their absence. Distinction is usually drawn between absenteeism, absconment and desertion.
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Absenteeism usually entails the complete physical absence of employees from the workplace and includes late coming. Absconment is deemed to have occurred when the employee is absent from work for a time that warrants the inference that the employee does not intend to return to work. Desertion is deemed to have taken place when the employee has actually intimated expressly or by implication that he or she does not intend to return to work.
Recent case law on this matter shows that in determining whether absence from work justified dismissal, the following factors had to be considered: the reason for the absence, the length of absence, the nature of the employee’s job, previous warnings and whether the employee attempted to contact the employer during that period.
Taking all of the above into account, there remains a duty on all employers to plan and strategies for this event and the possible impact it will have on the business. The world cup brings along a number of opportunities for South Africans, such as attending actual soccer games, watching games at screening centers’ or at social gatherings, volunteering to participate in events, as well as entrepreneurial opportunities such as renting out of their homes as guest houses, setting up stalls etc. Officially all schools will close on 9 June and reopen on 13 July this year.
The manner in which employers and employees engage in this event will impact on the workplace relations for a long time after the event. We should therefore proactively plan and prepare for this eventuality. Some of the things some employers already considered are the following: determine working hours as well as opening and closing times by taking into account family responsibilities and transport arrangements and disruptions; implement shift rosters to minimize the impact on production; reminding employees about their working hours and rules with regard to absence; allow flexibility with working hours. This should be balanced against the delivery of service; keeping a close watch and record of timekeeping; and careful monitoring.
Normal arrangements for sick leave should remain and a closer watch is needed for the potential abuse of sick leave. Employers should request when appropriate medical certificates.
In an attempt to mitigate the above impact and positively inspire employees, the tournament could be embraced within the workplace. Divisions could adopt countries to support in order to create a positive competition in the workplace which may improve team spirit. Employers may also provide on-site television screening; this is a good morale booster and team building exercise.
Everyone should come together to inspire and mobilize South Africans to become activists for success. Our vision should be to build a country and economy that lives its constitutional values, and to create opportunities for all. Every business can play a part in this, no matter the size. Every little bit makes a difference.
All of the above must be balanced against keeping the economy going by not loosing production in the same time. Everything must be done within the confines of the legal framework and responsibilities of employees and employers. Where there is abuse it must be dealt with swiftly and procedurally.
Sport is a national religion transcending race and language; it has the potential to bring us all together into an unstoppable force. It starts with us!
Kevin Hollenbach
Labour Relations Specialist
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