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You are currently viewing: Frequently Asked Questions > Topics

Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


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Click to show the answer How is a fixed-term employee defined?

Click to show the answer Under the regulations regarding fixed-term employees is it still permissible for employers to employ people on fixed-term contracts?

Click to show the answer Are employees employed on a contract lasting less than three months still denied certain rights?

Click to show the answer Can an employee be employed indefinitely on fixed-term contracts?

Click to show the answer Can an employer treat fixed-term employees less favourably than it treats permanent employees?

Click to show the answer In ensuring no less favourable treatment between fixed-term and comparable permanent employees can an employer balance a less favourable condition against a more favourable one?

Click to show the answer Can an employer require a fixed-term employee to sign a redundancy waiver?

Click to show the answer Can a person on a fixed-term contract make any claims on the employer if the contract is terminated?

Click to show the answer Can an employee claim unfair dismissal where a contract that was entered into for the completion of a specific task comes to an end?

Click to show the answer Will the dismissal of an employee who is taken on temporarily to fill in for a pregnant woman be fair?

Click to show the answer Given that the expiry of a fixed-term contract constitutes dismissal, what will usually be a fair reason for dismissal?

Click to show the answer Where an individual has been employed on a 12-month fixed-term contract to cover maternity leave, can the employer terminate the contract early if the woman on maternity leave decides to return early?

Click to show the answer If a contract can be terminated by notice can it be a fixed-term contract?

Click to show the answer Is an employer required to comply with the statutory dispute resolution procedure in relation to a fixed-term contract coming to an end?

Click to show the answer When a fixed-term employee is offered a permanent contract following on immediately from the fixed-term period, when does his or her period of continuous service start?

Click to show the answer Where a fixed-term employee's contract is due to terminate while she is on maternity leave, does the employer have any obligation to re-employ her at the end of her maternity leave?

Click to show the answer Can an employer reject an applicant for a maternity leave cover role on the basis that the applicant is herself pregnant and will not be able to work for the full cover period?

Click to show the answer Can an underperforming employee on a fixed-term contract be dismissed before the end of the fixed term?

Click to show the answer Can an employer set a shorter notice period for its fixed-term employees than for its permanent employees?

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