In terms of Section 193(4) of the LRA, we see that it is directed that an arbitrator appointed in terms of this Act may determine any unfair labour practice dispute referred to the arbitrator, on terms that the arbitrator deems reasonable, which may include the following:
- ordering re-instatement;
- re-employment; or
- compensation.
It is indeed so that while the remedies for unfair dismissal are a closed list, the remedies for unfair labour practices are open-ended and include re-instatement, re-employment and compensation as set out hereinabove.
In saying this it is important to note that in Minister of Safety & Security v SSSBC the court noted that an arbitrator’s powers in an unfair labour practice dispute are wider than those in an unfair dismissal dispute.
However, although the arbitrator’s powers are wider in unfair labour practice disputes, we see that there are limits on compensation to be awarded.
Section 194 (4) of the LRA, further directs that the amount of compensation to be awarded to an employee in respect of an unfair labour practice dispute, must be just and equitable in all the circumstances, but not more than the equivalent of 12 months remuneration.
- The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
- Compiled by Jaques Bloem, with the assistance of LEXISNEXIS, LABOUR LAW THROUGH THE CASES – 14 August 2018.