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)

June 12, 2025

In terms of s34(1) of the BCEA, an employer may not make deductions from an employee’s remuneration unless, subject to s34(2), the employee agrees, in writing, or the deduction is made in terms of a law, collective agreement, court order or arbitration award.

June 5, 2025

A case is moot and therefore not justiciable if it no longer presents an existing or live controversy. With reference to National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others [1999] ZACC 17; 2000 (2) SA 1 (CC), how did the supreme court of appeal, in Mhlontlo Local Municipality and Others v Ngcangula and Another (2024) 35 SALLR 132 (SCA) recently deal with this issue?

May 29, 2025

The principle underlying the doctrine of peremption is that no person can be allowed to take up two positions inconsistent with one another, or, as is commonly expressed, to blow hot and cold, to approbate and reprobate when considering pursuing litigation. With reference to Qoboshiyane NO v Avusa Publishing Eastern Cape [2012] ZASCA 166; 2013 (3) SA 315 (SCA), what is the test to be applied to determine whether or not a party has perempted its right to institute legal proceedings?