n South African Law Journal - Can an employee claim damages as a result of a breach of an implied contractual term that he will not be unfairly dismissed? : note

Volume 130, Issue 2
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



Much has been written on the jurisdictional quagmire created by the judicial recognition of claims for unfair dismissal arising from the common law, as well as in terms of the Labour Relations Act 66 of 1995 (see, for example Tamara Cohen 'Implying fairness into the employment contract' (2009) 30 2271; Tamara Cohen 'Compensation and forum shopping in South African labour law' (2005) 122 614; Tamara Cohen 'Jurisdiction over employment disputes: Light at the end of the tunnel?' (2010) 22 417; Craig Bosch 'The implied term of trust and confidence in the South African labour law' (2006) 27 28; Darcy du Toit 'Oil on troubled waters? The slippery interface between the contract of employment and statutory labour law' (2008) 125 95; F D J Brand 'The role of good faith, equity and fairness in the South African law of contract: The influence of the common law and the Constitution' (2009) 126 71; Darcy du Toit 'A common-law hydra emerges from the forum shopping swamp' (2010) 31 21).

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