'The Common Law is … not what it used to be'*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 2)
| Autor: | Andre M. Louw |
|---|---|
| Jazyk: | angličtina |
| Rok vydání: | 2018 |
| Předmět: |
Sociology and Political Science
good faith Common law media_common.quotation_subject Appeal fairness Context (language use) Legislation constitutional development of the common law breach of the employment contract Common-law employment contract Supreme court Employment contract labour legislation implied duty of trust and confidence Law right to fair labour practices Economics implied duty of fair dealing Fair dealing Duty media_common |
| Zdroj: | Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad; Vol 21, No 1 (2018) |
| ISSN: | 1727-3781 |
| Popis: | This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of Appeal (SCA) judgments during the 2000s. This process culminated in the recognition of an "implied duty of fair dealing" in the common-law employment contract. This piece will discuss such developments, will argue that such an implied duty still forms part of our law (despite the apparent consensus in the literature that the SCA turned its back on such earlier judgments), will critically examine some of the arguments for and against the recognition of such a duty, and will then consider the issue within the broader context of the role of good faith and fairness in our general law of contract. Keywords: Common-law employment contract; labour legislation; good faith; fairness; implied duty of trust and confidence; implied duty of fair dealing; constitutional development of the common law; right to fair labour practices; breach of the employment contract. |
| Databáze: | OpenAIRE |
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