118
views
0
recommends
+1 Recommend
1 collections
    0
    shares
      • Record: found
      • Abstract: found
      • Article: found
      Is Open Access

      The reinstatement and compensation conundrum in South African labour law

      PER: Potchefstroomse Elektroniese Regsblad
      Publication of North-West University (Potchefstroom Campus)
      Section 193 of the Labour Relations Act, section 194 of the Labour Relations Act, compensation, reinstatement, re-employment, unfair dismissal, waiver of reinstatement, non-patrimonial loss, back-pay

      Read this article at

          There is no author summary for this article yet. Authors can add summaries to their articles on ScienceOpen to make them more accessible to a non-specialist audience.

          Abstract

          The SBV Services (Pty) Ltd case brought a novel concept into the labour dispute resolution arena: arbitrators must inform employees who succeed in proving that they were dismissed for an unfair reason of the implications of a reinstatement or compensation order in terms of the Labour Relations Act 66 of 1995 before making an award. This case discussion highlights how the court, under the pennant of the interests of justice, made injudicious errors in the interpretation and application of accepted legal principles, and the potential negative effects that enforcement of this principle could have.

          Related collections

          Most cited references19

          • Record: found
          • Abstract: not found
          • Article: not found

          The Law of Contract in South Africa

            Bookmark
            • Record: found
            • Abstract: not found
            • Article: not found

            Labour Reform in South Africa: Measuring Regulation and a Synthesis of Policy Suggestions

              Bookmark
              • Record: found
              • Abstract: not found
              • Article: not found

              Dismissal

              J. Grogan (2014)
                Bookmark

                Author and article information

                Journal
                S1727-37812016000100009
                10.17159/1727-3781/2016/v19i0a1172
                http://creativecommons.org/licenses/by-sa/4.0/

                General law
                Section 193 of the Labour Relations Act,section 194 of the Labour Relations Act,compensation,reinstatement,re-employment,unfair dismissal,waiver of reinstatement,non-patrimonial loss,back-pay

                Comments

                Comment on this article