The Juridical Basis of the Statutory Claim for Compensation in Unfair Dismissal Cases

The Juridical Basis of the Statutory Claim for Compensation in Unfair Dismissal Cases
Author: Hendrik Johannes Tjaart Venter
Publisher:
Total Pages: 160
Release: 2016
Genre:
ISBN:

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A highly efficient, mass dispute resolution system has been established in South Africa with the implementation of the Labour Relations Act 66 of 1995 (hereafter the LRA 1995 ) two decades ago. The remedies of reinstatement, re-employment and compensation lie at the heart of this system. The compensation claim in terms of the LRA 1995, on which this study focuses, is related to a history of preceding common-law and statutory legal development, including the development of labour law in comparable foreign jurisdictions. However, according to sections 193(1) and 194(1) of the LRA 1995, the determination of compensation is left to the blanket discretion of CCMA arbitrators who have to determine compensation for substantively and procedurally unfair dismissals on the basis of what they perceive to be just and equitable in all the circumstances of the individual case. Significantly, there are no further standards or frameworks to be found in the statute and it is not strange that questions are being asked, both in academic quarters and from the bench, about the consistency and accuracy of compensatory awards. This dissertation comprises an analysis of the common-law action for breach of contract in unlawful dismissal cases, the statutory claim for compensation for unfair dismissal in terms of the Labour Relations Act 28 of 1956, the statutory claim for compensation for unfair dismissal in terms of the LRA 1995 and similar common-law and statutory remedies in the labour law of the United Kingdom. The objective is to form an understanding of the nature of these remedies and how it relates to the process of determining compensation. On the basis of the preceding analysis, the need for legislative review of the compensation claim in terms of the LRA 1995 is then demonstrated. Pursuant to recent case law, the jurisdictional overlap between the statutory claim and the common-law action for breach of the employment contract in unfair dismissal cases is also addressed.

The South African Law of Unfair Dismissal

The South African Law of Unfair Dismissal
Author: P. A. K. Le Roux
Publisher:
Total Pages: 408
Release: 1994
Genre: Business & Economics
ISBN:

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Adopting the International Labour Organization categories of termination of employment for misconduct, incapacity and operational requirements, this book records the developments of the law, provides a current perspective on dismissal and comments on likely future development.

Effective Workplace Solutions

Effective Workplace Solutions
Author: Barney Jordaan
Publisher: Siber Ink
Total Pages: 232
Release: 2016-08-24
Genre: Law
ISBN: 1928309100

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This must-have title on employment law in South Africa brings a cool and calm perspective to the often bewildering world of employment relations. Looking at the practicalities of labour law, employment relations, and dispute resolution in an easy and clear manner, this title provides clear SOLUTIONS to the problems that line managers, HR/ER managers and employers are likely to encounter in the workplace. Written by two highly experienced practitioners in the field of employment law, employment relations and dispute resolution, EFFECTIVE WORKPLACE SOLUTIONS is an indispensable guide for anyone who plays an active role in the management of the modern South African work environment.

Unfair Dismissal

Unfair Dismissal
Author: Cassim Chilumpha
Publisher:
Total Pages: 118
Release: 2007
Genre: Employees
ISBN:

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Unfair Dismissal

Unfair Dismissal
Author: Andrew Levy
Publisher:
Total Pages: 160
Release: 1984
Genre: Employees
ISBN:

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What You Must Know about Unfair Dismissal

What You Must Know about Unfair Dismissal
Author: André Van Niekerk
Publisher:
Total Pages: 172
Release: 2002
Genre: Employees
ISBN:

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The book deals with the law of unfair dismissal. At one stage or another in evry household there is someone who is either an employer or an employee; and anyone who is an employer or an employee is affected by the law of unfair dismissal and should know his or her rights and obligations.