Labour courts deals with
When reinstatement is ordered the Court usually requires the employer, in addition, to pay the employee for the period between the dismissal and the date of the reinstatement order.
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The LRA specifically lays down the maximum amount that the Court may award by way of compensation when the dismissed employee is not reinstated. This limit is 24 months? However, the LRA is silent as to whether there is any maximum limit on the amount of back-pay the Court may award in tandem with a reinstatement order.
It has, for a very long time, been assumed that the amount of the back-pay is only limited by the number of months between the date of dismissal and the date of the reinstatement. As recently as the Labour Appeal Court upheld this view.
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This lack of agreement between different courts is not limited to this issue. It is most disturbing that there is such little agreement within the courts as to the law as this makes decisions for employers very unclear.
In the light of this confusion the only solution for employers is not to end up in the Labour Courts. They can only achieve this by ensuring that, before they take any decision affecting employees, they get labour law and practical strategic advice from a reputable labour law expert. He may be contacted on or or on e-mail address: Go to: This article first appeared in The Star. To attend our 9 May seminar on Defeating the dangers of dismissal go to.
For enquiries please contact Ronni at ronni labourlawadvice. At Keybase Computer Training we pride ourselves in being among the leaders of corporate computer and soft skill training.
Labour Courts
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Turn on employer branding and benefit from more relevant job applicants and shorter time-to-hire. Login Sign Up. Labour Court May 31, by Anastasia 0 0. May 31, by Anastasia 0 0. Understand How Labour Court Works It is important to understand which type of disputes the labour court deals with.
Types of Disputes Adjudicated by Labour Court It is also pertinent to note that there are only certain types of disputes your employees can refer to the labour court such as: Dismals related to: If employees ask for or exercise their rights according to Labor Relations Act. Unfair Discrimination. Freedom of Association. The Power of the Labour Court The labour court is an independent and quite a powerful body.
A labor court is a governmental judiciary body which rules on labor or employment-related matters and disputes. In a number of countries, labor cases are often taken to separate national labor high courts. Other states, such as the United States, possess general non-judiciary labour relations boards which govern union. Section of the LRA gives the Labour Court the power to make, These orders may deal with various dispute types including unfair.
It has the power to: Grant orders for costs. Grant applications for urgent decrees or orders against trade unions about to go to illegal strikes. Review the decision of the bargaining council and set aside any reward offered by it.
If an employer does not implement affirmative actions, the labour court can hear allegations against him. Similarly, the labour court also has the authority to order you to: Stop discriminating against employees. Reinstate an employee if you dismissed him unfairly.
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Always comply with the requirements of affirmative action.