n Annual Survey of South African Law - Labour law

Volume 2006, Issue 1
  • ISSN : 0376-4605



Uncertainty continues to reign over the potential overlap between the constitutional right to fair administrative action, as codified in the Promotion of Administrative Justice Act 3 of 2000 ('PAJA'), on the one hand, and labour legislation designed to give effect to those rights, on the other. Two distinct approaches have emerged. The first draws a rigid distinction between administrative law and labour law; the second regards the two branches of law as mutually reinforcing. The Labour Court has come out strongly in support of the former view. The divisions of the High Court, and even the Supreme Court of Appeal itself, remain divided.

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