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ARTICLE · 26 JUNE 2012

Fixed Term Contracts Not So Fixed In South Africa?

Dentons Canada LLP
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In the recent Labour Appeal Court case of Joseph v University of Limpopo & Others (2011) 32 ILJ 2085(LAC), the contentious issue of creating a legitimate expectation of renewal of a fixed-term contract was again revisited.

South AfricaEmployment and HR
Teneille Govender
Teneille Govender
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In the recent Labour Appeal Court case of Joseph v University of Limpopo & Others (2011) 32 ILJ 2085(LAC), the contentious issue of creating a legitimate expectation of renewal of a fixed-term contract was again revisited.

The facts are briefly that Joseph (an Indian national) was employed on a 3 year fixed-term contract as a senior lecturer at the University. During his tenure, he created 2 specialist language courses which he played a pivotal role in maintaining. At the end of his term Joseph's position was advertised. Joseph's work permit also reached its expiry date and the Vice Chancellor of the University applied to the Department of Home Affairs for a three month extension. The objective was to buy the University enough time to advertise the position and complete the recruitment process. The position was advertised and Joseph was interviewed. Joseph was not appointed to the position and another candidate, Dr Dlamini-Sukumane, was appointed instead.

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