A reasonable expectation of indefinite employment upon the expiry of a fixed-term employment contract
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Date
2023
Authors
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Publisher
University of the Western Cape
Abstract
Section 186(1)(b)(ii) of the Labour Relations Act 66 of 1995 (LRA), as amended, came into effect on 1 January 2015. This section provides the special right, of an employee, to claim dismissal based on a reasonable expectation for indefinite employment upon the expiry of a fixed term contract of employment. The LRA, as amended, does not define a reasonable expectation for indefinite employment, nor does it provide factors to consider for an assessment or determination of what constitutes a dismissal based on a reasonable expectation for indefinite employment. This research paper provides an overview of the historical evolution of fixed term contracts in South Africa. It provides an understanding of the concept of a reasonable expectation and recommends a list of ten factors to be utilised in the assessment and determination of a dismissal based on a reasonable expectation of indefinite employment upon the expiry of a fixed term contract. In conclusion, it is recommended that the ten factors be codified in a Code of Good Practice in terms of the LRA.
Description
Magister Legum - LLM
Keywords
Labour law, Contracts of employment, Labour Relations Act, Indefinite employment, Fixed-term contracts