In labour disputes involving allegations of unfair dismissal or unfair labour practices, one of the key forms of redress available to an aggrieved employee is compensation. Where reinstatement is not feasible or appropriate, compensation may provide financial relief for the loss suffered. However, the discretion to award compensation is not unlimited. The Labour Relations Act [...]
In circumstances where conciliation is not possible in a dispute, and the aggrieved party wishes to proceed further with their matter, they may do so by requesting the matter to be set down for arbitration. Once the arbitration process commences, an arbitrator has two primary options after evaluating the evidence placed before them: do they [...]
In terms of Section 194 of the Labour Relations Act, a Commissioner can award an Applicant compensation for an unfair dismissal where reinstatement is not appropriate. In terms of Section 194, Commissioners have the power to award compensation of an amount of up to twelve (12) months’ salary where an employee is successful with an [...]