oa Constitutional Court Review - Back off but back up! Administrative law rightly yields to labour law



In 1990 the highest court in the land held, in that the principles of administrative law provide public servants with a platform to challenge a decision terminating their employment. If a dismissed public servant could show that the decision was procedurally unfair or substantively unjustified, the decision would be reversed and, as an axiomatic consequence of such a finding, the employee would be reinstated with retrospective effect (that is, with full back-pay).


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