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World Cup fever – employers caught offside

With the FIFA World Cup just around the corner, Eva Mudely addresses some challenges employers might experience during this period, while sharing some ideas of how employers can deal with the hype surrounding one of the world’s biggest international sporting events.

by Eva Mudely, Attorney, Bowman Gilfillan Inc

ABOUT THE AUTHOR
	Eva Mudely is a senior associate of Bowman Gilfillan. Her client base consists mostly of multinationals and she does a lot of work in the banking, pharmaceutical and retail industries. Eva has a special interest in racial and gender discrimination issues, sexual harassment cases, the employment consequences of commercial transactions and retrenchment law.

The opening match is scheduled to kick off in Johannesburg on Friday 11 June 2010, and the euphoria surrounding the FIFA World Cup has gripped the country. Many employers in the tourism, hospitality and related sectors will be relying heavily on their workforce to ensure excellent service delivery during this period. These sectors aside, employers operating in other sectors will still have sales targets to meet and clients to service during June and July this year. The fact that one of the world’s biggest international sporting events is taking place in our country raises a number of issues for employers to consider.

Taking time off

With both private and public schools being set to close during the World Cup, many employees, especially those who are parents, will want time off from work. Some employers in the public sector are encouraging their employees to take time off during the World Cup, and have incentivised their workforce to take annual leave during this period, by offering employees one additional, ex-gratia day of annual leave for every four days of annual leave taken during June and July.

In the event that employers are encouraging their workforce to take annual leave during the World Cup, it is recommended that employers communicate to their employees that those who intend taking annual leave during this period should advise their managers accordingly and book their leave early, so that proper operational arrangements can be made for this period.

Flexible working hours

However, not all sectors are in a position to make such an offering to its employees, especially employers who operate in the tourism, hospitality, manufacturing, retail and related sectors, as these sectors are set to boom during the World Cup. Instead, employers operating in these sectors could consider offering flexible working hour arrangements to their workforce to allow employees the opportunity to watch matches at home, or at theme parks or stadiums.

Obviously, this arrangement should be introduced in accordance with a policy, and it is advisable that employees’ productivity be properly monitored to avoid abuse, and to ensure that such practices are not counterproductive. Allowing flexibility during the World Cup will be good for workplace morale, yet it is important to ensure that practices do not expose an employer to allegations of discrimination. It is important for employers to offer flexible working arrangements to both men and woman, as example, and not to make assumptions that only males would be interested in watching and attending matches. Also, employers should be careful not to give preference to South African fans over other nationalities.

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