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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 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?