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termination

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It has become a practice by employers to insert automatic termination clauses into employment contracts for reasons including the following:

This week Ivan Israelstam looks at fixed term contracts. What happens when an employer is consulting with employees on means to reduce the need for retrenchment? Usually, there are calls for voluntary retrenchment, then employees on casual or temporary contracts are considered first before permanent employees. BUT,  Ivan cautions that may not be as simple as previously.

Employees may be hired on a variety of different forms of contract. This week Ivan Israelstam explains what the implications of the various contracts are, when employers are not happy with employee performance and seek to terminate the contract. 

This week Ivan Israelstam explains why it is important for an employer not only to refer bribery and corruption activities to the SAPS, but also to conduct an internal disciplinary hearing before terminating the services of an employee. 

Ivan Israelstam

Employers sometimes think that employing a person on a fixed-term contract will save the company any obligations in terms of labour law. Under employment equity legislation and codes, there are already implications for employing people on long term contracts in what are permanent positions. This week Ivan Israelstam explains the implications of a Labour Court decision, which finds the employer did not have a right to terminate a fixed-term contract before the end of the term.  

Employers who use consecutive fixed-term contracts for an employee, and then don't issue one for whatever reason - need to understand that the CCMA Commissioners will regard that employee as being permanent. This is just one of the examples that Ivan Israelstam quotes this week to explain why employers should not misuse fixed-term contracts. Using a fixed-term contract for probationary purposes is also not correct. Where the position is permanent; probation should be covered by a probationary clause in a permanent contract.

Ivan Israelstam

Once the employer has decided upon the successful applicant after a recruitment exercise, the critical period of making an offer and negotiation on terms and conditions commences. Ivan Israelstam suggests that an employment contract should not be concluded until all these negotiations are agreed. Read on to find out why this is so important.

Ivan Israelstam

One of the most difficult situations for companies to handle is an arbitration award that requires reinstatement or re-employment of previously dismissed employees. Apart from implications for the management of the rest of the workforce, the requirement not to be seen to victimise the employee/s is critical. Ivan Israelstam explains.

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