- Can you retrench a fixed-term employee?
- So, you've employed an employee on a two-year contract. Unfortunately, you've lost a big client and now you have to retrench him, amongst other staff.
But can you? What does the law say about retrenching fixed-term employees?
Let's take a look...
Simplify your work and save thousands!
Now you don't have to scour the internet for hours or pay a labour consultant t... ››› more
- [31 May 2017]
- 4 Changes to fixed-term contracts you have to know
- If you deal with fixed-term contracts, then you have to know how they work. And the chances are that you probably do, right?
Well, with the Labour Relations Amendment Act (LRAA), things have changed a little regarding fixed-term contracts. And if you fail to keep up-to-date with these changes, you'll be held liable for unfair labour practices!
So to help you stay on top of fixed-term contr... ››› more
- [03 May 2016]
- Your fixed-term employees can claim unfair dismissals! Don't let this happen to you
- When it comes to fixed-term employees, the general understanding is that their employment with you is temporary, and that you don't have to renew their contracts.
But did you know that if you're not careful, the expiry of your employee's fixed-term contract could lead to an unfair dismissal?
'How can that be?' you may ask.
The answer has to do with whether or not your employee had a 're... ››› more
- [12 April 2016]
- Can a fixed-term employee reasonably expect permanent employment?
- With the introduction of relevant amendments in 2015, the arena of fixed-term contracts has become a whole lot trickier. And one mistake could very easily see a case of unfair dismissal being made against you.
One of the concerning areas in this regard has to be the whole 'reasonable expectation of renewal' rule.
It basically states that if you don't renew a contract when an employee 'reason... ››› more
- [02 March 2016]
- 2 important factors to avoid any expectations of a fixed-term contract renewal
- Did you know that if you don't renew a fixed-term contract, and the employee has an expectation that you would, then you could be liable for an unfair dismissal?
That's right! In a situation like this, the employee can view your ending of the contract as an unfair dismissal, as long as he can prove that he had a 'reasonable expectation' that you'd do so.
So how can you prevent this from ever... ››› more
- [02 March 2016]
- Four situations you'll have to renew a fixed-term employee's contract
- You don't have to extend a fixed-term employee's contract when it expires.
But if an employee has a reasonable expectation of renewal, he can take legal action against you for unfair dismissal.
Here are four situations that can create a reasonable expectation of renewal:
1. Be careful what you imply:
If you assure your fixed-term employee, or even suggest, that he will work fo... ››› more
- [08 September 2015]
- The LRAA has affected fixed-term contracts! You need to know what it says
- A fixed-term contract is a contract that hires an employee for a very specific period of time or for a specific project.
Due to the Labour Relations Amendment Act, there have been some changes to fixed-term contracts. These apply to employees who earn less than the current minimum earnings threshold of R205 433.33.
Here are three recent changes you must know if your fixed-term employees ear... ››› more
- [30 August 2015]
- Two legal reasons that a fixed-term contract can be more than three months
- Fixed-term contracts are contracts that are set for a specific period of time between you and the employee.
Fixed-term contracts require correct implementation and management. Failure to do so could see you sitting on a case of unfair labour practices.
This is especially relevant with all the recent changes to Labour Relations Amendment Act.
With regard to it, there are only two legal rea... ››› more
- [30 August 2015]