We currently have an employee who was employed under a 2-year agreement that ended over a year ago. While the agreement was not renewed, the employment has continued unchanged. Can we now terminate the agreement despite the employment having continued?
Upon the expiration of a fixed or maximum term contract, the contract ceases to operate. If the employment relationship continues after expiration of that term, there will be uncertainty as to the terms of the employment relationship. It is likely the terms will be the same as the time limited contract.
If the employment is terminated, you risk exposure to an unfair dismissal claim being made against you.