Residential Estate Industry Journal 3 - Page 41

LEGISLATION PAGE 39 OUBAAI GOLF ESTATE who utilise fixed-term contracts of employment. An audit mechanism and strategic approach These considerations will include assessing what have been developed to assist you, proactively justifiable reasons might exist to extend the and before it is too late, in managing the duration of fixed-term contracts (for example, utilisation of fixed-term contracts of employment, temporary increases in the volume of work, at present and in the future. employment on a specific, limited project etc.), analysing the terms and conditions In relation to the Employment Equity Act, here of employment of fixed-term employees, are some issues to take note of. determining the possibility of concluding a collective agreement with the trade union, Have you submitted an employment equity plan? analysing fixed-term contracts of employment entered into prior to the amendment Act (as the It must include the following: provisions of certain bargaining councils on the • • • • • • • • utilisation of fixed-term contracts, which may Gavin Mulvenna differ, for example, in respect of the permissible Kusile Consulting Services amendment Act can hardly be retrospectively effective), and so on.  It should also be borne in mind that the existing provisions on the law of dismissal and the concept of reasonable expectation of renewal of a fixed-term contract of employment remain, and in fact now extends to include an expectation of permanent employment.  Other questions will relate to the right of the employer to employ the employee on a (fixedterm) probationary period and the existing duration of fixed-term contracts.  Objectives to be achieved for each year of the plan. Affirmative action measures to be taken. Numerical goal to achieve equal representation of under-represented groups. Timetable for each year of the plan. Duration of the plan (not longer than five years or shorter than one year). Procedures used to monitor and evaluate the plan. Internal procedures to resolve any dispute about implementation of the plan. Persons responsible for monitoring the plan.