Article 40/2022

What is the distinction between s50(2)(a) compensation and s50(2)(b) damages of the EEA and compensation when an automatically unfair dismissal, in terms of s187(1)(f) of the LRA, occurs?

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In BMW (SA) (Pty) Ltd v NUMSA (2020) 31 SALLR 119 (LAC), (2020) 41 ILJ 1877 (LAC), the following approach was adopted:

LRA: automatically unfair dismissal in terms of s187(1)(f)

  • compensation is to be calculated in terms of s194(3): it must be just and equitable in all circumstances but no more than 24 months’ remuneration

EEA: unfair discrimination in terms of s6

  • a damages claim for actual/potential monetary loss (patrimonial/pecuniary loss)
  • as well as a compensation claim for non-patrimonial loss – in essence, a solatium

SA Airways (Pty) Ltd v Janse van Vuuren (2014) 35 ILJ 2774 (LAC)

April 30, 2025

The purpose of this article is to highlight some of the principles underlying the legal position that the admission of trade union members outside such trade union’s scope is ultra vires and invalid.

April 25, 2025

How did the labour court, in Simunye Workers Forum v Registrar of Labour Relations, per Van Niekerk J, in terms of s111(3) of the LRA, on appeal, deal with the decision of the registrar refusing the application of the aforesaid trade union?

April 20, 2025

How do procedural fairness requirements relating to dismissals based upon misconduct (as well as incapacity), contained in the 1995 LRA, differ from the environment that preceded this Act?