Updating contracts of employment

In circumstances where the employer has a rule that it appoints the candidate with the highest scorecard if the candidates are of the same race or gender, as was the case in these circumstances, then it must adhere to that rule.

[2017] 4 BLLR 358 (LAC), an employee was offered a position as a protection officer in terms of a three year fixed term contract subject to the outcome of a positive vetting process.The employee then appealed to the Labour Appeal Court (LAC) arguing that the arbitrator had erred by finding that the employment contract had terminated automatically as the termination provisions in the employment contract were invalid or void for vagueness.The employee further argued that he was denied the right to a hearing before the termination clause was invoked.He held that for an employment contract to provide that it is conditional on a positive vetting process and to provide for automatic termination should the outcome of the vetting process not be positive did not deprive an employee of the right to security of employment.Furthermore, the employee had agreed to the condition in the employment contract and understood the consequences of a negative outcome to the vetting process.

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