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      The reinstatement and compensation conundrum in South African labour law

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          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.

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          Most cited references 19

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          The Law of Contract in South Africa

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

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              Dismissal

               J. Grogan (2014)
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                Author and article information

                Contributors
                Role: ND
                Journal
                pelj
                PER: Potchefstroomse Elektroniese Regsblad
                PER
                Publication of North-West University (Potchefstroom Campus) (Potchefstroom, North-West Province, South Africa )
                1727-3781
                2016
                : 19
                : 1
                : 1-39
                Affiliations
                orgnameUniversity of South Africa South Africa geldej@ 123456unisa.ac.za
                Article
                S1727-37812016000100009
                10.17159/1727-3781/2016/v19i0a1172

                This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

                Page count
                Figures: 0, Tables: 0, Equations: 0, References: 19, Pages: 39
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                Product Information: website

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