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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.

September 28, 2026

What are the principles governing common purpose misconduct?

September 21, 2026

What are the principles governing an employee’s duty to disclose to his/her employer information about misconduct?

September 14, 2026

In Article 31, we dealt with the distinction between desertion and abscondment.

In Article 32, we dealt with the misconduct of deeming desertion.

In this article, we will deal with termination of employment by operation of law in the private sector – similar to deeming to be discharged in the public sector.