“Applied to the circumstances of this case, it is evident that even if this court were to find that the respondent had a legitimate expectation of his contract being renewed, his claim would fall on the basis that the second requirement was not met.” Introduction Disputes involving the doctrine of legitimate expectation of contract renewal...
Category: Maternity Leave
THE CONSTITUTIONALITY OF MATERNITY LEAVE PROVISIONS IN THE LABOUR ACT
Introduction A lot has been written about the constitutionality of maternity leave provisions in the Labour Act (Chapter 28.01). Most authors seem to think that the position in the Labour Act should be ignored and that the Constitution should be followed as it takes precedence over all law of the land. Those who propose that...
MATERNITY LEAVE AND FIXED TERM CONTRACTS
Introduction Recently, a colleague of mine brought a legal question involving maternity leave and renewal of fixed-term contracts. The facts surrounding this question can be summarised as follows: An employee has been signing fixed-term contracts from 2017. She has applied for maternity leave and the company is now of the position that it won’t renew...