Firstly did the employer put his version in writing? This will constitute an automatic unfair dismissal that carries the highest penalty of 24 months remuneration.......... The labour Relations Act no 66 of 1995 at section 187 state the above...... I suggest you write the employer a letter, confirm therein what he has said to you and show him thereon that his actions will lead to a automatic unfair dismissal. Even though clever employers might think that they can summery terminate employment on a fixed contract because "it is their right" this is not the case, the employer just opened a door to place doubt on the fact as to why your contract is terminated even though the employer might opt to use a different reason from thereon out. Protect yourself! Write the employer this letter. I will monitor this threat regularly to assist if you so need.... Hope this help. Rautebach & Associates

There is not a difference in rights between a "permanent" employee and your contract, many employers misuse the term "fix term contract" with the believe that they can end services of an employee without recourse, we must evaluate why you where placed on a fix term contract, is it in good faith? Example the employer had a project which is now completed and therefore the employer only needed the service of the employee for that period of time without any possibility of an alternative placement.............or.... Did the employer have a open position which will not be redundant after the contract expire but rather use a fix term contract to try and avoid recourse or with the intent and believe that such employee is not seen as permanent............ The employer must still pay your UIF and taxes over to the relevant institutions and you have exactly the same rights confirmed to in the Basic Employment Conditions Act and others as any other employee............. If your contract is terminated it is still seen as a dismissal, which it is, but can be fair or unfair, in your case, automatically unfair. Even though he contract expire, the employer still needs to present reasons, it is already clear that the employer intent to end the contract based on pregnancy, this alone is automatically unfair, cause the reason for termination/redundancy is not because the position is "over" but because you are pregnant...........now even though they find another reason it does not take away the fact that the employer in first instance based your dismissal upon pregnancy, they are going to have a hell of a time trying to argue this point away and make a judge believe that the reason for dismissal does not relate to pregnancy underlying and that such reason is used to cover the actual motive, which is pregnancy.......This especially when a person can proof that the employer tried to shield the employment position with "fix term contract" when the position is actually permanent together with the fact that there is another pregnancy which is treated differently or correctly in relation to you.....The court will view this as deception and therefore the employer will be penalize even further...... Hope this help. Rautenbach & Associates