Dear Anonymous

Employers prefer to use short term employment contracts because it allows them to monitor productivity on a regular basis and then choose whether or not to renew a contract based on the productivity of the employee. They also avoid having to go through the long and often complex retrenchment procedures if they feel that an employee is no longer necessary for the proper functioning of the employer.

As a result what you are basically dealing with is the issue of renewal of a contract of employment. There is no automatic right in law to have a contract renewed. If an employer offers to renew your contract then that can be viewed as an undertaking to renew a contract of employment.

What is important to remember is that the person who guarantees the renewal must have the authority to do so. In other words it cannot simply be anyone in the employ of the employer. Even if that was the case it would be necessary to prove that the individual concerned made a verbal guarantee of future employment.

If a fixed term contract is continually renewed on the same grounds then an employee can have a reasonable expectation that this will continue however this does not seem to be the case in your matter.

Be careful of relying on promises as these are often made by individuals who don't have the authority to do so or do not constitute binding agreements.

The employer has the right to decide whether or not to renew a fixed term contract of employment. Who makes that decision is different for each employer and one would have to determine who has been delegated the right to decide in your employers structure.

Perhaps the employer referred you to the Union because there is some sort of collective bargaining or negotiations taking place. The union is there to further the interests of its members who are employed with the employer. You are entitled by law to participate in the activities of your union and cannot be treated differently by an employer for joining or taking part in the activities of your union. Therefore your best option is, as a group of employees to approach and support your union in contractual negotiations. That way you enjoy the protection of being part of the union and have an active say, through your shop steward in what goes on during negotiations.

LP (LABOUR PROTECT)