RRLLB81 Assignment 2 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED - Jurisprudential development and recognition of the concept of legitimate expectation in Labour matters

RRLLB81 Assignment 2 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ,... Jurisprudential development and recognition of the concept of legitimate expectation in Labour matters Background The doctrine of legitimate expectation was authoritatively accepted as part of South African administrative law in the landmark case of Administrator, Transvaal v Traub in 1989. In that case Chief Justice Corbett extended the scope of application of the rules of natural justice, specifically the audi principle, beyond the traditional “liberty, property and existing rights” formula to cases where something less than an existing right, a legitimate expectation, required a fair procedure to be followed. This acceptance followed the trend in other Commonwealth jurisdictions to extend the application of the rules of natural justice and hence afford greater procedural protection to individuals affected by administrative decisions. Although Chief Justice Corbett expressly stated that the content of the expectation may be substantive or procedural in nature, the protection of that expectation, if found to be legitimate, was exclusively procedural. Since the Traub decision, the doctrine of legitimate expectation has been deeply entrenched in South African administrative law to extend the scope of procedural rights afforded individuals affected by administrative action. It is now an established principle of South African administrative law that a person, who has a legitimate expectation, flowing from an express promise by an administrator or a regular administrative RRLLB81/103/2/2025 55 practice, has a right to be heard before administrative action affecting that expectation is taken. The doctrine, has however, by and large, remained one that provides procedural protection in South Africa. In a number of recent decisions by South African courts, ranging from the High Court to the Supreme Court of Appeal and the Constitutional Court, there have been increasing calls for the application of legitimate expectations beyond procedural claims.” Per G Quinot, ‘Substantive Legitimate Expectations in South African and European Administrative Law’ (2019) 5(1) German Law Journal 65-85. To what extent could the above argument be raised from a labour law perspective which originally embodied the principle of legitimate expectation? Cases Wood v Nestle (SA) (Pty) Ltd 1996 17 ILJ 184 (IC) Vorster v Rednave Enterprises CC t/a Cash Converters Queenswood 2009 30 ILJ 407 (LC) Books Jordaan B, Kalula E and Strydom E (eds) Understanding the Employment Equity Act (Juta Cape Town 2009) Grogan J, Workplace Law (10th edn, Juta 2009) LEGISLATION Labour Relations Act 66 of 1995 Promotion of Equality and the Prevention of Unfair Discrimination Act 4 of 2000 Journal Articles Olivier M, ‘Legal constraints on the termination of fixed-term contracts of employment: An enquiry into recent developments’ 1996 ILJ 1001 Hlophe J, Legitimate Expectation and Natural Justice: English, Australian, and South African Law’ (1987) 104 SALJ 165