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Will the SAPS need to employ reservists full time?

Reservists in the South African Police Services (SAPS) have staged a sit-in because they claim that they were promised full-time employment. They claim that they are being "ignored" by police management, which has forced them to get more 'persuasive'. However, it's been said that it is "unlikely" that a promise of full-time employment was made. Even if it was proven that a promise of full-time employment was made – and it was reneged upon – would the SAPS have a leg to stand on or would they be forced to employ the reservists?

The facts presented above are similar to those in the case Govender and General Electric SA Case No. MEGA13246. In this case:

• The applicant was employed by the respondent on a fixed-term contract of 12 months.
• After this 12-month contract expired, the applicant's fixed-term contract was extended for another three months.
• After the expiry of these three months, the applicant's services were terminated.
• The applicant claimed that he had been unfairly dismissed because he was given the reasonable expectation that he would be employed on a permanent basis.

The arbitrator awarded the applicant a month's salary as it was found that a reasonable expectation was created that the applicant would be employed permanently. The reasons were, for example, that he was on the company's medical aid, which was a perk reserved only for permanent employees. (For more details on this case, follow this link.)