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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.

October 19, 2026

Section 41(2) of the BCEA regulates the entitlement of an employee, dismissed for reasons based on the employer’s operational requirements, to severance pay.

In terms of s41(4) of the BCEA, an employee, who unreasonably refused to accept the employer’s offer of alternative employment with that employer or any other employer, is not entitled to severance pay ito s41(2).

How does the assistance provided by the retrenching employer to a retrenched employee affect such employee’s entitlement to severance pay?

October 12, 2026

What is the short test to be applied to determine whether there is compliance with the reasonable decision-maker test?

When determining whether or not the arbitrator of the CCMA or bargaining council behaved like a reasonable decision-maker, what are the ‘questions to be asked’?

What is the test recently applied to determine whether an arbitration award should be set aside on review?

October 5, 2026

In the scenario where a group of employees, participating in a demonstration, picket, strike, etc, are participating in unlawful conduct, but a number of other employees, who are also participating in such demonstration, picket, strike, etc, are not participating in such unlawful conduct, will the employer be entitled to obtain an interdict against both groups of such employees?