Dear Sirmy wife is working for a major corporation on a contract (for the last 18 months)terminating by the end of september.she has been working for the same company previously at least 3 times (6 month in each case)is she not entitled for permanent employment?your assistance is very much appreciatedK S
nothing so far we first wanted to know what what are her rights? if she has any with regards XX XXXXXXXXX employment
the position she has been filling was advertised internally and she apllied and was informed that the aplication was not successful.
Good day. Did they indicate that they are not going to renew?
no, we just assume the contract will not be renewed
Because of the advertisement?
yes we assumed the contract would not be renewed because of her application not been successfull
1. When a fixed term contract is rolled on a number of times, it can be argued that the employer created a reasonable/legitimate expectation of renewal. What this means is that, if this expectation can be proved, the employer will not be able to dismiss the employee by reason of the expiry of the contract. The employer will then only be able to dismiss the employee for the normal reasons, being, misconduct or operational reasons. 2. If they are going to fill the position again, then they cannot claim that they have dismissed her for operational reasons, really. 3. There is a couple of articles that I can point you to that explains this, which will give you a better understanding on how this operates. You can try here and here.4. Unfortunately, she will only be able to challenge the dismissal once she knows for a fact that she is going to be dismissed. So, if they do not renew the contract, she needs to go to the CCMA and declare a dispute on unfair dismissal based on a legitimate expectation.
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L.LB, Civil and criminal litigation, contracts, labour and family law
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