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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)

October 19, 2026

Section 41(2) of the BCEA regulates the entitlement of an employee, dismissed for reasons based on the employer’s operational requirements, to severance pay.

In terms of s41(4) of the BCEA, an employee, who unreasonably refused to accept the employer’s offer of alternative employment with that employer or any other employer, is not entitled to severance pay ito s41(2).

How does the assistance provided by the retrenching employer to a retrenched employee affect such employee’s entitlement to severance pay?

October 12, 2026

What is the short test to be applied to determine whether there is compliance with the reasonable decision-maker test?

When determining whether or not the arbitrator of the CCMA or bargaining council behaved like a reasonable decision-maker, what are the ‘questions to be asked’?

What is the test recently applied to determine whether an arbitration award should be set aside on review?

October 5, 2026

In the scenario where a group of employees, participating in a demonstration, picket, strike, etc, are participating in unlawful conduct, but a number of other employees, who are also participating in such demonstration, picket, strike, etc, are not participating in such unlawful conduct, will the employer be entitled to obtain an interdict against both groups of such employees?