Fixed term contracts are a complex issue, particularly in terms of the difference between employees and independent contractors. An employer is not obliged to renew contracts from time to time, however, if there is a reasonable expectation that the employer was going to renew a contract but did not, then that may constitute unfair dismissal.
With respect to dismissal, selective re-employment is another problem. If a group of employees has been dismissed for any reason, but the employer then offers to re-employ a certain number of them back, whether it be one or more, but not re-employ the others in that group, that may also be considered unfair dismissal.
MUST READ: Unfair Dismissal: Part one of three
If there are violations of laws happening in a workplace, and they are reported by an employee, and that employee is subsequently dismissed, such dismissal will be automatically unfair. “Whistleblowing” or reporting issues of such importance is protected under South African law and any attempt to subvert this is looked at in a serious light.
Maternity leave is another entrenched right in terms of the South African labour law. Section 187(1) of the LRA protects employees who go on maternity leave. If an employee is dismissed for any reason as to maternity leave, for example not having a job after returning to work following the taking of maternity leave, then that will be an automatically unfair dismissal.
Read: Unfair Dismissal: Part two of three
And in South Africa, with its complex history and with intergroup relations being as fraught as they are in this current socio-political climate, a dismissal for any reason related to race, ethnicity, disability, age or religious affiliation would be automatically unfair. If it can be proven that there was any discrimination on the basis of any of the above-mentioned bases, then same would constitute unfair labour practices as well.
Read: Content of a parenting plan: Part one of two
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