Chapter 6
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Problem 8: Contract employees are dismissed before the contract is due to terminate

Joe and five other employees have been employed by a sub-contracting company. The employer (from the company) who hired them told the contracting employees the contract would run for 3 weeks. After two weeks Joe and one other employee are paid for the work they have done and told that the firm no longer needs them for the third week.

WHAT DOES THE LAW SAY?

Joe and the other employees entered into a three-week contract and both parties are bound by this contract of employment. Joe and the other employee have been unfairly dismissed. They can challenge the dismissal in terms of the Labour Relations Act (LRA). (See Automatically unfair dismissals)

WHAT CAN YOU DO?

You can help Joe and his co-employee refer the case to the CCMA or a Bargaining Council for conciliation (mediation). (See What steps can be taken if there is an unfair dismissal?; See Solving disputes under the LRA)