Reply To: REASONABLE EXPECTATION OF PERMANENT EMPLOYMENT

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#8039
Patrick Deale
Keymaster

Question 1: There’s no specific number but the level of expectation would be high even after the first renewal. In the absence of other justifications, the renewal for a second time would almost guarantee a permanent employment status or at least further renewals.

Question 2: Previous renewals are relevant and as stated earlier, even a single renewal could be decisive.

Question 3: Factors include evidence of an employer’s oral or written statements of intention to renew the FTC after expiry; whether the FTC is on the facts a disguised permanent employment contract; whether the work is still required; whether other employees on similar FTC’s have had their contracts renewed or made permanent; whether the employer has subsequently replaced the FTC employee with another employee on FTC to do the same work.