is this discrimination or unfairness

[Dave A]

what do you mean "without basis" ?

You have not in any way qualified your statement. As I indicate, section 198AB of the Labour Relations Act may be of consequence - your statement does not allow for the possibility.

For clarity, you can read section 198B of the Labour Relations Act here.

[Greig Whitton]

You have not in any way qualified your statement. As I indicate, section 198AB of the Labour Relations Act may be of consequence - your statement does not allow for the possibility.

Section 198B applies to fixed term employment which I doubt would be relevant given OP's description. It sounds like OP was employed on a part time or temporary basis rather than on a fixed term basis. This is a crucial detail since the non-permanent employment regulations are not uniform. For example, temporary employees working for longer than three months may be deemed to be permanent employees (subject to other conditions) whereas the same provision does not apply to part time employees.

[Dave A]

Section 198B applies to fixed term employment which I doubt would be relevant given OP's description. It sounds like OP was employed on a part time or temporary basis rather than on a fixed term basis. This is a crucial detail...

I agree it is a crucial detail, and I did ask the question in post 5.
The OP has failed to answer the post, but upon closer examination of the OP it seems to suggest "temporary employment" is in play as minimum (the OP was employed to substitute for the absence of a permanent employee who had been deployed elsewhere on probation).

From a statutory application point of view, I suggest this "temporary employment" is fixed term employment.
(It seems you see a difference between temporary employment and fixed term employment. Please feel free to point out what I am missing).

It may be worth pointing out that if it is (also) part time employment, then section 198C becomes relevant (too).

[Greig Whitton]

The OP has failed to answer the post, but upon closer examination of the OP it seems to suggest "temporary employment" is in play as minimum (the OP was employed to substitute for the absence of a permanent employee who had been deployed elsewhere on probation).

"Temporary employment" is only in play if OP was placed by a temporary employment service provider per the amended LRA's definition of "temporary employment". This may be the case, but nothing OP has posted suggests that it is so.

From a statutory application point of view, I suggest this "temporary employment" is fixed term employment.

"Fixed term employment" is only in play if OP was employed for the duration of a specific period of time, for the completion of a specific project, or until the occurrence of a specific event per the amended LRA's definition of "fixed term employment". My interpretation of OP's post is that this was not the case: it sounds to me like he was employed on non-permanent basis to fill an admin position vacated by his predecessor after she took up a sales position. The only way this could be considered "fixed term employment" is if OP was employed:

(1) For a specific duration;
(2) To complete a specific admin project; and/or
(3) Until the occurrence of a specific event (e.g. the return of his predecessor from her probationary sales position).

(It seems you see a difference between temporary employment and fixed term employment. Please feel free to point out what I am missing).

The amended LRA differentiates between three categories of non-permanent employment: temporary, fixed term, and part time. The colloquial use of these terms is not synonymous with their legal definitions, which makes for a particularly confusing set of provisions. Just because an employer believes that he has hired a "temp" doesn't mean that the new worker is, legally speaking, a "temporary employee".

It may be worth pointing out that if it is (also) part time employment, then section 198C becomes relevant (too).

I believe that OP was most likely employed on a part time basis which means that Section 198C would apply.

[Dave A]

Amazing how we can read the same post and interpret something differently - at least initially. I claim as defence it is you that introduced the term "temporary basis" when you did not mean to include "temporary employment service" and the associated "temporary employment" into the fray.

I believe that OP was most likely employed on a part time basis which means that Section 198C would apply

Bearing in mind the alternate to "part time employment" is "full time employment" I'm not convinced, but on that basis ...

What would be the process to terminate part time employment after four months?

"Fixed term employment" is only in play if OP was employed for the duration of a specific period of time, for the completion of a specific project, or until the occurrence of a specific event per the amended LRA's definition of "fixed term employment". My interpretation of OP's post is that this was not the case: it sounds to me like he was employed on non-permanent basis to fill an admin position vacated by his predecessor after she took up a sales position.

If it was not fixed term employment (with a defined end date or event), then surely it was already indefinite duration employment.

[Greig Whitton]

Bearing in mind the alternate to "part time employment" is "full time employment" I'm not convinced, but on that basis ...

That's not quite true. The alternative to "part time employment" could be "fixed term employment", "temporary employment", or "permanent employment". Even in the case of OP, it's not 100% clear which category of employment applies.

What would be the process to terminate part time employment after four months?

The duration of part time employment is irrelevant for termination purposes. The risk of deemed permanent employment after three months does not apply to part time employees.

If it was not fixed term employment (with a defined end date or event), then surely it was already indefinite duration employment.

"Indefinite" is not synonymous with "permanent" (e.g. part time employment can be indefinite).

[Dave A]

Bearing in mind the alternate to "part time employment" is "full time employment" I'm not convinced, but on that basis ...

That's not quite true. The alternative to "part time employment" could be "fixed term employment", "temporary employment", or "permanent employment". Even in the case of OP, it's not 100% clear which category of employment applies.

Section 198C states as follows:

(1) For the purpose of this section—
(a) a part-time employee is an employee who is remunerated wholly or partly by reference to the time that the employee works and who works less hours than a comparable full-time employee

The clause goes on to give clarity on the definition of full-time employment...

There is no ambiguity here - the definition of part-time employment has nothing to do with whether the employment is fixed term or indefinite term.

"Indefinite" is not synonymous with "permanent" (e.g. part time employment can be indefinite).

For clarity - What is the difference between "Indefinite duration employment" and "permanent employment" per the LRA?