Page 58 - Q&A.indd

begins or for employment to terminate automatically on fulfilment of
a specific condition. However, the merits of each case would have to
be assessed to determine whether the automatic termination clause is
valid or not.
In your case, the security company would argue that the clause was
valid as a positive security vetting is an inherent requirement to the job of
a security officer and that because the background screening returned
a negative result in the form of pending criminal charges, the condition
of a positive background screening could not be met and that your
employment was fairly terminated as a result thereof. This may be further
supported by the fact that the vetting process was also probably not
in the control of your employer to be manipulated, but conducted by
another entity such as the SAPS. Whether this argument is valid, will
however have to be judged taking into account a number of factors,
such as:
• Your constitutional right not to be unfairly dismissed;
• Your right to challenge your dismissal and whether this right
Labour • has in any way, been limited or waived by the clause;
The wording of the specific clause;
• The context of the job offer and employment agreement;
• The inherent requirements of your position and the importance
of a positive background screening; and
• The reason for termination of employment and the existence
of any act by the security company which was aimed at
ending your employment.

Should you feel that this clause has been unfairly applied, it would be
prudent to consult with a labour specialist to look into the detail of your
employment contract as well as the specific circumstances of your case
to advise you on whether there are grounds to challenge the automatic
termination of your employment.
How must you manage an addict in
your employ?

January 2017

“I recently confided to my line manager that I have an alcohol
problem. Soon thereafter the company sent out an e-mail
informing us that anybody caught drinking or smelling of
alcohol at work would be subject to disciplinary proceedings.
I know I have a problem and need help, but I am worried that
the employer is getting ready to dismiss me. Can they do this?”

52