The changing public policy and automatic termination of fixed-term employment contracts in South Africa
Automatic termination is an accepted means of terminating fixed-term employment relationships. The use of "automatic termination" clauses in employment contracts has become commonplace. Awareness of the potential for abuse of these contractual mechanisms is increasing. Recent case law on t...
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| Format: | Article |
| Language: | Afrikaans |
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North-West University
2017-06-01
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| Series: | Potchefstroom Electronic Law Journal |
| Subjects: | |
| Online Access: | http://journals.assaf.org.za/per/article/view/1704/2704 |
| _version_ | 1818172755227443200 |
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| author | Judith Geldenhuys |
| author_facet | Judith Geldenhuys |
| author_sort | Judith Geldenhuys |
| collection | DOAJ |
| description | Automatic termination is an accepted means of terminating fixed-term employment relationships. The use of "automatic termination" clauses in employment contracts has become commonplace. Awareness of the potential for abuse of these contractual mechanisms is increasing. Recent case law on the issue indicates that the public policy, which serves as test for 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 burden than before on employers who opt to rely on "automatic termination" clauses to sustain an argument in favour or their validity and/ or enforcement. |
| first_indexed | 2024-12-11T19:17:39Z |
| format | Article |
| id | doaj.art-3fa1ee1a62f0473793b616381eb7e4f3 |
| institution | Directory Open Access Journal |
| issn | 1727-3781 |
| language | Afrikaans |
| last_indexed | 2024-12-11T19:17:39Z |
| publishDate | 2017-06-01 |
| publisher | North-West University |
| record_format | Article |
| series | Potchefstroom Electronic Law Journal |
| spelling | doaj.art-3fa1ee1a62f0473793b616381eb7e4f32022-12-22T00:53:37ZafrNorth-West UniversityPotchefstroom Electronic Law Journal1727-37812017-06-0120156http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1704The changing public policy and automatic termination of fixed-term employment contracts in South AfricaJudith Geldenhuys0University of South AfricaAutomatic termination is an accepted means of terminating fixed-term employment relationships. The use of "automatic termination" clauses in employment contracts has become commonplace. Awareness of the potential for abuse of these contractual mechanisms is increasing. Recent case law on the issue indicates that the public policy, which serves as test for 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 burden than before on employers who opt to rely on "automatic termination" clauses to sustain an argument in favour or their validity and/ or enforcement.http://journals.assaf.org.za/per/article/view/1704/2704Automatic termination"automatic termination” clausescontracting out of statutory protectioncontractual waiver of rights"fixed-term contract”public policypublic interest"non-standard” employeesresolutive conditionstemporary employment servicestermination by operation of lawvalidity and enforceability of contractual device |
| spellingShingle | Judith Geldenhuys The changing public policy and automatic termination of fixed-term employment contracts in South Africa Potchefstroom Electronic Law Journal Automatic termination "automatic termination” clauses contracting out of statutory protection 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 device |
| title | The changing public policy and automatic termination of fixed-term employment contracts in South Africa |
| title_full | The changing public policy and automatic termination of fixed-term employment contracts in South Africa |
| title_fullStr | The changing public policy and automatic termination of fixed-term employment contracts in South Africa |
| title_full_unstemmed | The changing public policy and automatic termination of fixed-term employment contracts in South Africa |
| title_short | The changing public policy and automatic termination of fixed-term employment contracts in South Africa |
| title_sort | changing public policy and automatic termination of fixed term employment contracts in south africa |
| topic | Automatic termination "automatic termination” clauses contracting out of statutory protection 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 device |
| url | http://journals.assaf.org.za/per/article/view/1704/2704 |
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