Case Note: The Hybrid Contract of Employment: A Tale of (Mostly) Unreported Judgments

Author Rochelle le Roux

ISSN: 2413-9874
Affiliations: Professor, Department of Commercial Law, University of Cape Town
Source: Industrial Law Journal, Volume 43 Issue 2, 2022, p. 779 – 786


In Buthelezi v Municipal Demarcation Board the Labour Appeal Court (LAC) held that it is per se substantively unfair to retrench an employee who is employed on a truly fixed-term contract. This note seeks to establish whether the same applies in the case of the termination of a hybrid contract of employment (ie a fixed-term contract of employment that provides for termination on notice during the term of the contract).