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The validity of automatic termination clauses in employment contracts
Mini Dissertation (LLM)--University of Pretoria, 2015.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613600283099136 |
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| access_status_str | Open Access |
| author2 | Gericke, S.B. (Ezette) |
| author_browse | Gericke, S.B. (Ezette) |
| author_facet | Gericke, S.B. (Ezette) |
| collection | Thesis |
| dc_rights_str_mv | © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2015. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/53192 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:42.927Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/53192 The validity of automatic termination clauses in employment contracts Gericke, S.B. (Ezette) daniellenel.dn@gmail.com Stoltz, Danielle Ivy UCTD Tax Law South African Revenue Service Law theses SDG-08 SDG-08: Decent work and economic growth Law theses SDG-16 Law activities SDG-16 Law theses SDG-10 Law theses SDG-16 SDG-10: Reduced inequalities SDG-16: Peace, justice and strong institutions Mini Dissertation (LLM)--University of Pretoria, 2015. This study aims to establish the validity of the automatic termination of an employment contract. The automatic termination of an employment contract means that the contract is terminated ex lege and not by an act of the employer. Such termination will therefore not qualify as a dismissal for purposes of section 186 of the LRA. The result is that these employees will not be able to challenge the fairness of such termination based on the unfair dismissal provisions in the LRA. It may be argued that such automatic terminations offer employers the opportunity to effectively circumvent their obligations under the LRA with regards to the fairness of dismissals. Automatic termination provisions are often used by employers as a mechanism to this. The Constitution of the RSA provides that everyone has the right to fair labour practices .1 This constitutionally guaranteed right is given effect to in the LRA2 which provides employees with the right not to be unfairly dismissed.3 By depriving employees of their protection against unfair dismissal, it may be argued that their fundamental rights to fair labour practices are infringed. This study aims to investigate the topic of automatic termination of employment contracts by analysing the provisions of, inter alia, the LRA and the Constitution of the RSA in order to determine the extent of protection afforded to employees against exploitation in circumstances such as these and will consider various findings of courts that may shed light on the matter. The effect of the recent amendments to the LRA in this regard will also be considered. Jurisprudence LLM Unrestricted 2016-06-14T09:45:22Z 2016-06-14T09:45:22Z 2016-04-14 2015 Mini Dissertation Stoltz, DI 2016, The validity of automatic termination clauses in employment contracts, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/53192> A2016 http://hdl.handle.net/2263/53192 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Tax Law South African Revenue Service Law theses SDG-08 SDG-08: Decent work and economic growth Law theses SDG-16 Law activities SDG-16 Law theses SDG-10 Law theses SDG-16 SDG-10: Reduced inequalities SDG-16: Peace, justice and strong institutions The validity of automatic termination clauses in employment contracts |
| title | The validity of automatic termination clauses in employment contracts |
| title_full | The validity of automatic termination clauses in employment contracts |
| title_fullStr | The validity of automatic termination clauses in employment contracts |
| title_full_unstemmed | The validity of automatic termination clauses in employment contracts |
| title_short | The validity of automatic termination clauses in employment contracts |
| title_sort | validity of automatic termination clauses in employment contracts |
| topic | UCTD Tax Law South African Revenue Service Law theses SDG-08 SDG-08: Decent work and economic growth Law theses SDG-16 Law activities SDG-16 Law theses SDG-10 Law theses SDG-16 SDG-10: Reduced inequalities SDG-16: Peace, justice and strong institutions |
| url | http://hdl.handle.net/2263/53192 |