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Labour Protect Advice Forum -> Labour Protect Advice Forum -> 3 Months contract ended, now being taken to the CCMA
Post Info TOPIC: 3 Months contract ended, now being taken to the CCMA
Anonymous

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3 Months contract ended, now being taken to the CCMA
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Good Day,

I had this employee who was working as an intern on a three months contract for my small business, from June 2016 uptill end of August. On the 16th of August i had a meeting with her regarding her contract coming to end and the company not being able to renew it as the company was getting deregistered from the CIPC due to monies it owed to creditors. Now the employee has taken us to the CCMA for unfair dismisal, though she was not dismissed but her contract ended:- My Question is, Was i supposed to have extended the contract even if the company was being deregistered, When an employee contracts end's is it compulsory to extend their contracts? Kindly advice me further on this regard.



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Anonymous

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The short answer to your question is that an employer is not required to renew a fixed term contract unless a reasonable expectation has been formed by the employee that it would be. Such reasonable expectation must be based on the actions of the employer, whether it be a verbal promise, or a company policy of consistent renewal, or a long practice of renewal.



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Labour Protect Advice Forum -> Labour Protect Advice Forum -> 3 Months contract ended, now being taken to the CCMA
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