Instead, it involved an employment contract that was subject to a condition.
It was held that a contract of employment that is subject to a condition is not in conflict with the LRA and it is a commercial reality.
The employee further argued that he was denied the right to a hearing before the termination clause was invoked.The LAC held that this was not a matter which involved misconduct that entitled the employee to a hearing.This experience was not merely based on the length of the service, but also on the relevance of the experience.I agree Our site saves small pieces of text information (cookies) on your device in order to deliver better content and for statistical purposes.Furthermore, the LAC did not agree with the employee that there should be a distinction between resolutive and suspensive conditions. s  4 BLLR 350 (LAC), an employee applied for an advertised post with the rank of captain.
In the case of a resolutive condition, the employment contract comes to an end on fulfilment of the condition and the employment contract is treated as if it never came into existence. The selection panel rated the employee with a score of 17, while the successful candidate obtained a rating of 18 from the selection panel.
 4 BLLR 358 (LAC), an employee was offered a position as a protection officer in terms of a three year fixed term contract subject to the outcome of a positive vetting process.
In this regard, the employment contract contained a resolutive condition, which provided that the offer was subject to a vetting and screening process and that the employment contract would automatically terminate should the employer become aware of any negative information pertaining to the employee.
Furthermore, the employee had agreed to the condition in the employment contract and understood the consequences of a negative outcome to the vetting process.
The vetting process was also not in the hands of the employer and was material to his suitability for the position.
The employee then took the matter on review to the Labour Court (LC), which found that the employee should have received a score of 18 points as he was in possession of an LLB degree.