Typically, a contract of employment comes into existence when an
employer makes an offer to employ a person and that person accepts
the offer. In its recent decision in Road Agency Limpopo (SOC)
Ltd v Fosu, the Labour Court considered whether a prospective
employee had actually accepted an offer of employment made by the
prospective employer. It also considered whether a valid contract
had come into existence by virtue of the doctrine of
quasi-mutual assent.
FACTUAL BACKGROUND
The applicant (the "employer"),
offered the employee the position of Chief Financial Officer for a
contract period of six months, which the employee accepted, and a
written contract was concluded. This contract was extended for a
further six months terminating on 28 February 2018. During this
extended six-month period, the employer offered the employee the
position of CFO in terms of a five-year fixed-term contract, which
would come into effect upon the lapsing of the extended
