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    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. 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 ...
  3. 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 ...
  4. Constructive Dismissal

    Constructive dismissal, or what is referred to as “forced resignation,” is a somewhat misunderstood concept. Employees are of the opinion that they need merely resign in order to refer a matter of constructive dismissal. This misunderstanding in conjunction with the difficulty in meeting the evidentiary burden is a huge contributory factor in the failed cases, from an employee’s perspective.

    Constructive dismissal as grounds for dismissal finds its statutory base in section 186 (1)(f) ...