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Article 39/2022

What are the remedies available to a successful applicant in an automatically unfair dismissal or unfair discrimination dispute?

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  • In an automatically unfair dismissal dispute, s194(3) of the LRA is applicable, entailing same to be just and equitable in all circumstances but not more than 24 months’ remuneration
  • In respect of unfair discrimination, s50(2) of the EEA is applicable, entailing same being just and equitable in all circumstances, including compensation and damages

BMW (SA) (Pty) Ltd v NUMSA (2020) 31 SALLR 119 (LAC); ARB Electrical Wholesalers v Hibbert (2015) 26 SALLR 14 (LAC)

Compensation is akin to a non-patrimonial delictual claim and the principles to be taken into account when awarding compensation, as already set out in article 38/2022, are to be taken into account.

September 28, 2026

What are the principles governing common purpose misconduct?

September 21, 2026

What are the principles governing an employee’s duty to disclose to his/her employer information about misconduct?

September 14, 2026

In Article 31, we dealt with the distinction between desertion and abscondment.

In Article 32, we dealt with the misconduct of deeming desertion.

In this article, we will deal with termination of employment by operation of law in the private sector – similar to deeming to be discharged in the public sector.