3 June 2009
204/08
[2009] ZASCA 79
Du Plessis v Prophitius and Another
SCA
clarifies "causes of action" and examines Chirwa v
Transnet (CC) - 9 June
The Supreme Court of Appeal last week delivered two important
judgments concerning the rights of employees on termination of
employment. It is now clearly established that
employees in the public sector, including those employed by organs
of State, cannot base their claims on breaches of administrative
law or the Constitution and must rely on unlawfulness in term of
the common law or unfairness in terms of the Labour
Relations Act. In addition the SCA clarified the nature and
effect of various causes of action and the forums in which
disputes should be resolved. - GilesFiles
website
See also :
1 June 2009
138/08 [2009] ZASCA 76
J P Kriel v The Legal Aid
Board
Unlawful dismissal - application for
review of dismissal under an employment contract correctly refused
as dismissal not amounting to administrative action
29 May 2009
218/08 [2009] ZASCA 69
Makhanya v University of Zululand
Employment – claim to enforce contract – alternative remedies
available under Labour Relations Act 1995
– whether high court had jurisdiction to consider claim
Constitutional
Court of South Africa
28 November 2007
CCT
78/06 [2007] ZACC 23 ; 2008
(4) SA 367 (CC) ; 2008
(3) BCLR 251 (CC)
Chirwa v Transnet Limited and Others