Administrative Law in Public-Sector Employment Relationships

South African Law Journal (2008), Vol. 125, No. 2, pp. 307-30.

24 Pages Posted: 26 Sep 2016

See all articles by Richard Stacey

Richard Stacey

University of Toronto, Faculty of Law

Date Written: June 1, 2008

Abstract

A number of contrasting and conflicting approaches have emerged in the South African high courts, the Supreme Court of Appeal and the Constitutional Court of South Africa 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 constitutional principles of administrative justice. This paper 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 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.

Keywords: Administrative law, employment law, public sector contracts

Suggested Citation

Stacey, Richard, Administrative Law in Public-Sector Employment Relationships (June 1, 2008). South African Law Journal (2008), Vol. 125, No. 2, pp. 307-30., Available at SSRN: https://ssrn.com/abstract=2843789

Richard Stacey (Contact Author)

University of Toronto, Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
71
Abstract Views
600
Rank
648,045
PlumX Metrics