- Title
- Automatic termination clauses in employment contracts
- Creator
- Ndzendze, Kutala
- Subject
- Labor contract -- South Africa
- Subject
- Employees -- Dismissal of -- Law and legislation -- South Africa Unfair labor practices -- South Africa
- Date Issued
- 2019
- Date
- 2019
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- http://hdl.handle.net/10948/41808
- Identifier
- vital:36594
- Description
- This study aims to establish Automatic Termination Clauses in Employment contracts by analyzing the provisions of the Constitution of the Republic of South Africa, Labour Relations Act and the precedents. The automatic termination of employment contract means that the contract is terminated without giving an employee the opportunity to state his or her version as per the audi alteram partem principle. In essence, the employee is deprived of his or her right to a fair dismissal as outlined in the Labour Relations Act. The automatic termination clauses in employment contract means that the employment contract will come to an end when the employee’s services are no longer required or when the employer simply does no longer want to keep the employee at work. The Constitution of the Republic of South Africa provides that “everyone has the right to fair labour practices”.1 In terms of the Labour Relations Act (hereinafter referred to as “the LRA”),2 every employee has the right not to be unfairly dismissed. An employment contract between an employee and employer arises out of a contract to perform services. This is so whether the contract is in writing or not. Dismissal is defined in the LRA3 as where the employer has terminated employment with or without a notice. The thesis is composed of five chapters, each of them dealing with different aspects of automatic termination clauses in employment contracts.
- Format
- v, 61 leaves
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
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NMU Department of Mercantile Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | KUTALA NDZENDZE.pdf | 619 KB | Adobe Acrobat PDF | View Details Download |