Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: September 2025
Jurisprudential development and recognition of the concept of legitimate expectation
in Labour matters
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
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Jurisprudential development and recognition of the concept of legitimate
expectation in Labour matters
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: September 2025)
, For additional support +27 81 278 3372
ABSTRACT
This research explores the jurisprudential development and recognition of the
doctrine of legitimate expectation in South African labour law. The concept, originally
embedded in administrative law through the seminal case of Administrator,
Transvaal v Traub, has gradually influenced labour jurisprudence, particularly in
disputes concerning fixed-term contracts and fair labour practices. The paper
evaluates how courts, through cases such as Wood v Nestle (SA) (Pty) Ltd and
Vorster v Rednave Enterprises CC, have interpreted the doctrine to safeguard
employees against arbitrary termination, while balancing it with managerial
prerogative. It further considers statutory frameworks, notably the Labour Relations
Act 66 of 1995, in shaping the doctrine’s practical application. The findings suggest
that while South African courts continue to restrict legitimate expectation largely to
procedural protection, there is scope for expanding its substantive dimension in
labour relations. This development could strengthen fairness, equity, and stability in
employment contexts.
KEYWORDS
Legitimate expectation
Labour law
Fixed-term contracts
Procedural fairness
Labour Relations Act