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Article 37/2022

What are the principles governing compensation when a dismissal is only procedurally unfair?

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In Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Van Dyk (2020) 31 SALLR 151 (LAC), the following principles were identified:

  • compensation is the appropriate remedy in terms of s193(2)(d) of the LRA
  • such compensation must be just and equitable in all circumstances (s194(1) of the LRA)

In Johnson & Johnson v CWIU (1999) 20 ILJ 89 (LAC), the following was stated in this regard:

  • actual loss or patrimonial (pecuniary) loss is irrelevant
  • the award is actually for a solatium as redress
  • various factors are to be taken into account to determine the extent of the award:
  • the extent of the deviation from a fair procedure
  • the employee’s conduct
  • the employee’s length of service
  • anxiety and hurt that the employee suffered

(See, further, Alpha Plant v Simmonds [2001] 3 BLLR 361 (LAC); Lorentzen v Sanachem (Pty) Ltd [1998] 8 BLLR 814 (LC))

The appeal court can only interfere with an irregularity misdirection in respect of the awarding of compensation if:

  • the court a quo ignored relevant factors or
  • the decision was based on inadequate facts

Road Accident Fund v Guedes 2006 (5) SA 583 (SCA)

September 7, 2026

The previous article dealt with the distinction between misconduct constituting desertion and misconduct constituting abscondment – see, further, in this regard, Okhahlamba Local Municipality v Mabuya (2021) 32 SALLR 12 (LC).

In this article, what we attempt to do is provide some clarity as to a very different misconduct, namely, the misconduct of deeming desertion.

August 31, 2026

What is the difference between desertion and abscondment?

August 17, 2026

We think that everyone understands that an employer is vicariously liable for the wrong committed (an act or omission) by its employee during the course/scope/sphere of employment/engagement in any activity reasonably incidental to it.

But, what is the extent of an employer’s vicarious liability where the employee commits a wrong on his or her own volition?