Article 43/2021

Labour Edge

What is the non-exhaustive list of factors to be taken into account to determine whether or not an employee has a reasonable expectation of renewal?

In Pikitup Johannesburg (Soc) Ltd v Muguto and Others (2019) 30 SALLR 186 (LC), such list was identified to include:

  1. the terms and conditions of the contract (see IMATU and Others v City of Johannesburg Metropolitan Municipality and Others [2014] 6 BLLR 545 (LAC), at paragraph [34]);
  2. the past practice of renewals or extensions;
  3. the nature of the work and the reason for fixed term contract arrangements (see v Mediterranean Woollen Mills (Pty) Ltd v SACTWU 1998 (2) SA 1099 (SCA); [1998] 6 BLLR 549 (A));
  4. any assurances or undertakings by the employer that the contract would be renewed/extended; and
  5. the failure to give reasonable notice of non-renewal of the contract.

In this case, the fixed term contract entered into between Pikitup and Muguto had been renewed on no less than four occasions, from its inception on 24 July 2008 until 15 April 2015, when Muguto had been informed of the final extension.

November 25, 2024

What are the principles governing the vicarious liability of an employer for acts committed by an employee in breach of the EEA, in terms of s60 of the EEA?

November 25, 2024

The scenario is as follows: only employees working at a bakery and not employees working at a mill were party to the disputes when referred to conciliation.  At arbitration, the union wanted to join the employees working at the mill.

Is such joinder permissible?

November 25, 2024

What is the test for unfair discrimination formulated in Harksen v Lane and consistently applied subsequently by the various courts, including, recently, Premier FMCG (Pty) Ltd t/a Blue Ribbon Bakery v FAWU (2022) 33 SALLR 277 (LC); (2022) 43 ILJ 1584 (LC)?