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South Africa Case Law

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Labour Law [2008] ZASCA 44

Murray v Minister of Defence (383/2006)

Murray v Minister of Defence (383/2006) [2008] ZASCA 44; [2008] 3 All SA 66 (SCA); [2008] 6 BLLR 513 (SCA) ; 2009 (3) SA 130 (SCA); 2008 (11) BCLR 1175 (SCA); (2008) 29 ILJ 1369 (SCA) (31 March 2008)

The Supreme Court of Appeal held that the appellant's resignation was the result of intolerable conditions created by the navy, for which the navy was culpably responsible. While the navy's operational decisions and disciplinary actions were largely justified, its failure to consult the appellant regarding the downgrading of his post and to adequately explain the alternative position offered constituted a breach of the duty of fair dealing required by the constitutionally developed common law. The navy's conduct left the appellant under a material misapprehension about his employment prospect…

  • Constructive Dismissal
  • Fair Labour Practices
  • Constitutional Development Of Common Law
  • Duty Of Fair Dealing
  • Employment Contract
  • Reinstatement Principle
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.