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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 references 32

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      Workplace Law

       J. Grogan,  J. GROGAN (2014)
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        Employment is not what it used to be

         J. Theron (2003)
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          Christie's The Law of Contract in South Africa

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            Author and article information

            Affiliations
            orgnameUNISA South Africa geldej@ 123456unisa.ac.za
            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
            S1727-37812017000100035
            10.17159/1727-3781/2017/v20i0a1704

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

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            Figures: 0, Tables: 0, Equations: 0, References: 32, Pages: 56
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            Product Information: SciELO South Africa

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