What causes of action do employees, such as soldiers and spies, have for alleged unfair labour practices if they are not covered by the Labour Relations Act?
Everyone has a constitutional right to fair labour practices but does such right create the necessary cause of action?
What about the need to develop the common law to give effect to constitutional rights?
Yesterday, 31 March 2008, in Murray v Minister of Defence, the Supreme Court of Appeal developed the common law to provide a remedy for such employees whose resignation not was voluntary and were able to prove that their employers made their lives intolerable.
In strict labour law terms this is defined as a ‘constructive dismissal’.
The result of the latest decision is that an employee, formerly employed by the Navy, and not enjoying the protection of the LRA, has been granted the right to claim whatever damages he is able to prove as a result of his constructive dismissal which was held to be unfair, or in other words an unfair labour practice.