Labour law | The staffing your short-term workload requirements

By Carol Tissiman

Many businesses in South Africa will be gearing themselves to meet additional workloads in preparation for or during this year’s World Cup event. While some fortunate businesses may be able to sustain higher staff levels, many of these are likely to have to reduce their staff complements after the events and activities are over. Operationally this decision may be simple, but in line with good Human Resources practice, employers need to make sure they follow the correct procedures and avoid ending up in the CCMA.

The positive energy and sense of opportunity need not be dampened by anxiety of “laying off” workers since there are sound options. All of these options have legal limitations and consequences about which employers should familiarize themselves.

For example, the type of contract that employers choose has a key bearing on the consequences:

Permanent contracts mean that should termination be required for operational requirements, such as a reduction in workload, then the employer needs to follow the retrenchment procedures. These will include engaging in consultation processes, and employees would generally be entitled to severance pay. Given the cost of employment, recruitment and allowing for settling-in periods etc, this option would be inappropriate if the duration of employment is expected to be short-term. Severe costs will be incurred, and the effects potentially damaging to the moral of the workforce in general.

Fixed term contracts are appropriate if the employer is clear about the full duration of the employment period. However, it may be inappropriate in some cases to extend fixed-term contracts since this may be challenged in terms of it either preventing the employee access to the benefits normally enjoyed by permanent employees, or discriminating against other potential employees (where there are a number of suitable applicants for the same job).

Indefinite period contracts are ideal where the employee will be required for a project or a particular job function where the duration of employment is uncertain. The employee contracted for an indefinite period will need to be kept informed of the progress of the project and be given agreed, reasonable notice of termination. Provided that the termination of employment is clearly as result of the completion of the defined task or the end of the project this would be a fair option to follow.

Employing staff without clear planning of the job functions and the duration of the work, or considering the consequences to the business and the employees, or making empty promises, no matter how enthusiastic the business owner may be about added work loads will likely land up in messy labour law disputes. As long as the employers intentions are made clear up front, that the reasons for the recruitment and the termination are clear and fair, and formal contracts are entered into, the employer will avoid unfair labour practice and the business itself is likely to be more successful.


Carol Tissiman is a professional HR Consultant, and the course convener for the 8-week online UCT (Law@Work) Practical Labour Law Course. The course introduces the key areas of applicable South African Labour Law, and focuses on the practical application of good business practice, procedure and governance in the workplace aimed at getting the best out of staff while staying within the Law.

Click here to learn more about the University of Cape Town (Law@Work) Practical Labour Law Course.