Browsing: Employment contracts

A bank cannot discipline or dismiss an employee for misconduct linked to an expired contract. Using Kleinsmith’s case, the Labour Court of South Africa clarifies that rehiring creates a new employment relationship and wipes out an employer’s old disciplinary power.

A group of factory workers has secured a decisive victory after their employer was ordered to repay years of withheld 13th cheques, with the court confirming the annual payment formed part of their employment contracts and could not be scrapped or replaced with performance bonuses.