Fixed Term Contract expired however still working

**antonhelp** · 12-Nov-12, 08:17 PM

good day, I am an employee in this situation. I have 2 small kids and a wife to support. I need advice. I hope it will not come to the company forcing my hand. however I can't just roll over and die when they wake up and decide to formalize a roll-over. I am very good at my job, however it looks like the company wants me to fix the mess they created and then wants to put a ignorant family member in the position, he will then most likely mess it up again. what is my chances if I have to take them to the ccma to force them to make me permanent. I am sure it will be difficult if it comes to this, however difficult and supporting my family is a lot better than accepting a new contract and then in a couple of months not be able to support my family

**Dave A** · 13-Nov-12, 07:03 AM

Without a precedent being quoted, as you might have gathered we're not sure where the line might be exactly. But I suggest three months employment outside of a contract would certainly make for a fairly strong case.

Originally Posted by antonhelp

I have 2 small kids and a wife to support.

I understand where you're coming from. But I'd like to tender the other side of this coin.

I'm an employer.
I have a wife and two kids.
I have over twenty employees.
Many of them have dependants too.
And we're all relying on the business to provide....

At the end of the day, as an employer I can't look at the number of dependants of each employee - I have to look at the extent to which they add value to the business and:
1. employ the people that do add value
2. get rid of the people who don't add value
3. pay each employee fairly in reasonable proportion to their value add
4. rely on them to apply their remuneration wisely to look after their dependants and other personal obligations.

If you want job security (as much as such a thing really exists in the world today), make sure you're contributing to the success of the business that pays all the bills. If you do, any employer worth his/her salt will want to keep you on board for as long as they are able.