As a point of departure there can be referred to the case of Dierks v University of South Africa which specifically dealt with section 186(1)(b) of the Labour Relations Act (LRA) which deals with the reasonable expectation of an employee and more specifically, whether it entitles an employee to secure a permanent position. A person who is employed on a fixed term contract generally has two expectations to take into account, being that the contract will be renewed or that he/she will secure permanent employment.
If a company finds itself in financial distress, the business rescue process provides the company with the opportunity to reorganise and restructure its affairs allowing the business to continue trading. This includes payment arrangements with creditors whilst also saving jobs.
Factual scenario: My father died and in his Will he bequeathed his estate to his grandchildren; however I am pregnant with my first child and have not given birth yet. The South African Law of Succession prescribes the rules which determine the devolution of a person’s estate after his death and all matters incidental thereto. It identifies the beneficiaries who are entitled to succeed to the deceased's estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons such as a beneficiary may have in a deceased's estate.