LEGALLY SPEAKING - Reasonable expectation of employment – What are your rights
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GUEST – Bukani Mngoma - Labour law expert
A fixed term contract is quite simply as the name implies, a contract which is concluded from one specific date and shall terminate on another specific date. Alternatively, it could be a contract that is concluded for a specific project, in which case it will terminate when the project comes to an end.
Many employers elect to renew these fixed term contracts once the contract has expired, which is often referred to as the contract “rolling over”.
According to Section 186(1) of the Labour Relations Act No. 66 of 1995 (“the LRA”), a dismissal of a fixed term employee occurs if the employee had a reasonable expectation that the contract was going to be renewed on the same or similar terms. In these situations, does an employee have a right to be notified before the expiry of the contract, that it would not be renewed? Or is the employer within its right to continue the rolling over of the contract until the services are no longer required?
A fixed term contract is quite simply as the name implies, a contract which is concluded from one specific date and shall terminate on another specific date. Alternatively, it could be a contract that is concluded for a specific project, in which case it will terminate when the project comes to an end.
Many employers elect to renew these fixed term contracts once the contract has expired, which is often referred to as the contract “rolling over”.
According to Section 186(1) of the Labour Relations Act No. 66 of 1995 (“the LRA”), a dismissal of a fixed term employee occurs if the employee had a reasonable expectation that the contract was going to be renewed on the same or similar terms. In these situations, does an employee have a right to be notified before the expiry of the contract, that it would not be renewed? Or is the employer within its right to continue the rolling over of the contract until the services are no longer required?
