When an employee on a fixed-term contract (non-executive officer) is nearing the end of their contract, can they be extended/renewed? Does the position need to be advertised on the JSE?
If a decision is made to renew the employee’s contract for another fixed-term period or convert the employee’s fixed term position to ongoing (as consistent with the principles established in clause 17.3 of the VPS Enterprise Agreement) the position is more appropriately classified as an ongoing role, no new vacancy has arisen. Therefore, advertising through the JSE is not required.
Where the employer decides not to renew the employee’s contract, but a decision is taken that the position is to continue (either on a fixed term or ongoing basis) then a vacancy has arisen, and the vacancy must be advertised through the JSE.
Similarly, when a department/agency’s HR policy obliges them to advertise a role this advertisement should occur through the JSE.
In considering whether a position should be classified as a fixed term position, employers should be mindful of clause 17.3 of the Agreement, which establishes the principles for the use of fixed term employment in the VPS. Advice should be sought from HR areas on these obligations as necessary.