1887

n South African Law Journal - Administrative law in public-sector employment relationships

USD

 

Abstract

A number of contrasting and conflicting approaches have emerged in the high courts, the Supreme Court of Appeal and the Constitutional Court in regard to the question whether the actions of the state as an employer are subject to the controls of administrative law and must be consistent with the principles of administrative justice. The author argues that public-sector employment decisions can be defined as 'administrative actions' and must be considered 'public-law wrongs' whenever they are unlawful, unreasonable or procedurally unfair. There is no reason, he further argues, to deny the protection of administrative law to public-sector employees merely because they are employees. If the power exercised or the function performed is public and in terms of legislation, the remedies of administrative justice must be available to public sector employees.

Loading

Article metrics loading...

/content/ju_salj/125/2/EJC53822
2008-01-01
2016-12-08
This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error