Please note that UPSpace will be offline from 20:00 on 9 May to 06:00 on 10 May (SAST) due to maintenance. We apologise for any inconvenience caused by this.
 

The right to a pre-dismissal hearing in terms of the common law : are the civil courts misdirected?

Loading...
Thumbnail Image

Date

Authors

Van Eck, B.P.S. (Stefan)

Journal Title

Journal ISSN

Volume Title

Publisher

Nelson Mandela Metropolitan University, Faculty of Law

Abstract

This article explores the overlap between the unlawful termination of a contract of employment and the unfair dismissal of an employee. The Supreme Court of Appeal has in a sequence of cases developed the common-law contract of employment to include the implied right to a pre-dismissal hearing. Owing to the fact that labour legislation already regulates unfair dismissal law, this in effect creates a dual system of dispute resolution in relation to the termination of contracts of employment. The focus of this contribution is on the factors that allure dismissed employees to the civil courts and it highlights the problems that are associated with the overlap of the High Court’s and the Labour Court’s jurisdictions. Future developments are traversed and the Constitutional Court is called upon to bring an end to the development of parallel dispute resolution systems in respect of dismissal disputes.

Description

Keywords

Labour court’s jurisdictions, Unlawful termination, Contract of employment, Unfair dismissal of an employee, Supreme Court of Appeal, Right to a pre-dismissal hearing.

Sustainable Development Goals

Citation

Van Eck, S 2008, 'The right to a pre-dismissal hearing in terms of the common law : are the civil courts misdirected?', Obiter, vol. 29, no. 3, pp. 339-351.