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      The Effect of Changing Public Policy on the Automatic Termination of Fixed-Term Employment Contracts in South Africa

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          Abstract

          A fixed-term contract terminates automatically by expiry after a particular period, upon completion of a project, or the occurrence of an event. The use of conditional employment arrangements is accepted as a commercial reality. Awareness of the potential for the abuse of "automatic termination" clauses in employment contracts as a mechanism for termination is increasing. Recent case law on the issue indicates that public policy, which serves as the test for the validity and/or enforceability of "automatic termination" clauses, has changed. The impetus for the protection of "non-standard" or atypical employees is underscored by policy considerations that have been incorporated by the recent legislative amendments. These developments may very well place a heavier evidentiary burden than before on employers who opt to rely on "automatic termination" clauses to sustain an argument in favour of their validity and/or enforcement.

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          Most cited references32

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          Workplace Law

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            Employment Is Not What It Used to Be

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              Christie's The Law of Contract in South Africa

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                Author and article information

                Contributors
                Role: ND
                Journal
                pelj
                PER: Potchefstroomse Elektroniese Regsblad
                PER
                North-West University (Potchefstroom Campus) (Potchefstroom, North-West Province, South Africa )
                1727-3781
                2017
                : 20
                : 1
                : 1-56
                Affiliations
                [01] orgnameUNISA South Africa geldej@ 123456unisa.ac.za
                Article
                S1727-37812017000100035
                10.17159/1727-3781/2017/v20i0a1704
                a8373e64-0615-42e9-9342-5847cb600b7b

                This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

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                Page count
                Figures: 0, Tables: 0, Equations: 0, References: 32, Pages: 56
                Product

                SciELO South Africa


                contracting out of statutory protection,automatic termination" clauses,Automatic termination,contractual waiver of rights,fixed-term contract",public policy,public interest,non-standard" employees,resolutive conditions,temporary employment services,termination by operation of law,validity and enforceability of contractual devices

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