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An employee is employed on a fixed term contract for one year from 1 January to 31 December 2019. He is then appointed on a permanent basis by the same company as from 1 January 2020, the day following the expiry of his fixed term contract. Two years later he is retrenched at the end of 2021. Bearing in mind section 84 of the BCEA, must his years of service for severance pay purposes be calculated from 2019, when he was on a fixed term contract or from 2020? That is, must he get 2 weeks or 3 weeks service pay?
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