LEGISLATION
PAGE 39
OUBAAI GOLF ESTATE
who utilise fixed-term contracts of employment.
An audit mechanism and strategic approach
These considerations will include assessing what
have been developed to assist you, proactively
justifiable reasons might exist to extend the
and before it is too late, in managing the
duration of fixed-term contracts (for example,
utilisation of fixed-term contracts of employment,
temporary increases in the volume of work,
at present and in the future.
employment on a specific, limited project
etc.), analysing the terms and conditions
In relation to the Employment Equity Act, here
of employment of fixed-term employees,
are some issues to take note of.
determining the possibility of concluding a
collective agreement with the trade union,
Have you submitted an employment equity plan?
analysing fixed-term contracts of employment
entered into prior to the amendment Act (as the
It must include the following:
provisions of certain bargaining councils on the
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utilisation of fixed-term contracts, which may
Gavin Mulvenna
differ, for example, in respect of the permissible
Kusile Consulting Services
amendment Act can hardly be retrospectively
effective), and so on.
It should also be borne in mind that the existing
provisions on the law of dismissal and the
concept of reasonable expectation of renewal of
a fixed-term contract of employment remain, and
in fact now extends to include an expectation
of permanent employment.
Other questions will relate to the right of the
employer to employ the employee on a (fixedterm) probationary period and the existing
duration of fixed-term contracts.
Objectives to be achieved for each year
of the plan.
Affirmative action measures to be taken.
Numerical goal to achieve equal representation
of under-represented groups.
Timetable for each year of the plan.
Duration of the plan (not longer than five
years or shorter than one year).
Procedures used to monitor and evaluate
the plan.
Internal procedures to resolve any dispute
about implementation of the plan.
Persons responsible for monitoring the plan.