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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15597
Experience:  L.LB (UOVS)
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Too whom it may concern, I am employed, on a contract basis,

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Too whom it may concern,

I am employed, on a contract basis, as a Financial Manager for a company in Germiston. My first 12 month contract started in July 2010 and since then the contract was extended twice for a 12 month period.

My current contract expired on the 31st of July 2013. Early in July I was informed that my contract will not be renewed and I was given a letter, dated the 16th of June 2013, that extends the contact for one month (the notice period). On the 22nd of July I forwarded an e-mail to the Financial Director of the Division requesting a reason for the non-extention of the contract. On the 30th of July we had a call in which the reasons for the non-extention was given. All these reasons, in my opinion, is matters that could have been raised far earlier and rectified on my part.

I just need to know whether the above constitutes unfair dismissal and what the process should be going forward. I would also want to know what recourse do I have in this matter. A new Financial Manager is already hired and will start on the 5th of August.

Pieter Engelbrecht
Good day.

The only option open to you would be to argue that you had a reasonable expectation of renewal. This is a difficult concept to explain, so I will refer you to a couple of web articles. Here and here. This explains it in far more detail than I would be able to do so here.

The way forward, now, would be to declare a dispute of unfair dismissal at the CCMA, within 30 days of your dismissal. You can find your nearest CCMA office from They will assist you with the correct forms (7.11 on the website) to declare the dispute for unfair dismissal and the procedure on how to lodge such a dispute (also listed on the front page of the form).

Since this does not relate to misconduct, you can appoint an attorney to assist you, should you so wish.

The sanctions that you can ask for is for reinstatement, or for a reward equivalent to 12 months' salary as a maximum. Realistically, awards seldom go past 6 months.

I hope this helps you a little bit, but if you have any further questions, feel free to ask them before you rate. It will not cost you anything extra. If you are satisfied with the answer, kindly click on one of the five faces on the ratings page. I don't get anything for this answer unless you do.

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