You should let the acting employee know that she'll be able to apply for the permanent position. But it's very dangerous and unfair to tell her that you'll hire her permanently or even give her the impression or expectation that you will!
If in this case you don't employee her, she could take you to the CCMA for 'unfair promotional practices'. If you have an employee on a fixed-term contract, she could take you to the CCMA for unfair dismissal.
Last year, Government implemented over 70 changes to three of SA's most crucial labour Acts.
Among them were:
• When and how to issue employees with a fixed-term contract.
• Unfair discrimination and your employees' pay cheque.
• Steps you MUST take before you recruit a non-South African citizen.
• Labour brokers and the only time you can use them.
• And so many more.
How sure are you your HR department's current processes aren't a lawsuit waiting to happen?
How certain are you that one small oversight won't end up costing your company R2.7 million in fines?
How confident are you that you won't land at the CCMA defending a case for following a faulty HR process?
Don't take a chance when you don't have to.
So, don't fall victim to this possible problem with acting appointments. A simple clause in the contracts stating that the employee mustn't expect to be hired permanently isn't enough! You must ensure that your employees understand this and are completely aware of it.
To learn more, click below…
Protect yourself from labour-related problems by using this practical tool
The comprehensive Labour Law for Managers Loose Leaf Service gives you all the details you need for maximum protection in labour-related problems. You will find, for example:
• Information on the problem areas managers have to handle in the workplace daily, and appropriate solutions;
• Valuable advice for employers, based on the ever-changing legislation;
Sample contracts, dismissals
and warning letters, etc;
• Numerous practical checklists; and
• Much more…