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  1. FIXED TERM CONTRACTS - UNDER THE NEW AMENDMENTS (Part 1)

    Fixed term contracts, (also referred to as limited duration contracts), are contracts that allow an employer to have a measure of flexibility within the workplace. The contract, unlike a permanent employment contract, comes to an automatic end on a specific date or at the end of a specific project. This flexibility would allow an employer to employ a person for a limited duration of time in order to satisfy a particular operational requirement. *

    As an example, if a permanent employee ...
  2. INSUBORDINATION and INSOLENCE

    http://www.naickersterne.co.zaInsubordination and Insolence INSUBORDINATION and INSOLENCE

    A common problem experienced by employers is distinguishing between insubordination and insolence.

    An employee can be insolent (impudent, cheeky, disrespectful or rude) without necessarily being insubordinate (disobedient or challenging authority). Mere disrespect for the employer (or insolence, impudence, cheekiness or rudeness) cannot by itself constitute insubordination, which ...
  3. Settlement agreements - Part 2

    From a contract law perspective

    In part two of dealing with settlement agreements we set out some basic elements of contract law that remain relevant in labor contracts and specifically settlement agreements.

    1. The party relying on the agreement bears the onus to show the Court that:-
    i) an agreement is in existence,
    ii) it was made voluntary,
    iii) and that it was made with full knowledge of its terms and implications.

    GOLIN t/a ...
  4. Settlement agreements - PART 1

    Game over for the employee or just a hindrance?

    Employees who have signed settlement agreements often find their CCMA claim shattered before it starts. A settlement agreement, in principle, constitutes a waiver of the employee’s rights and therefore renders a dispute non-existent and the CCMA is subsequently without jurisdiction. Many employers, labor practitioners and advisors make use of settlement agreements at the end of the employee’s tenure as a way to eliminate further disputes ...