Abstract
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.
 
Highlights
Part 1 of this piece sketched the background to the debate regarding the importation of fairness into the common-law employment contract
This piece, which is in three parts, will revisit the importation of fairness into the employment contract by a line of Supreme Court of Appeal (SCA) judgments during the 2000s
It briefly considered the interaction between the common law and labour legislation within the "single system of law" of the Constitution of the Republic of South Africa and considered the development of the common law which occurred in a line of Supreme Court of Appeal (SCA) judgments, including Fedlife Assurance Ltd v Wolfaardt,[1] Old Mutual Life Assurance Co
Summary
Louw AM "'The Common Law is ... not what it used to be'*: Revisiting Recognition of a ConstitutionallyInspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 2)" PER / PELJ 2018(21) - DOI http://dx.doi.org/10.17159/17273781/2018/v21i0a5661
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