LLA 1110 An introduction to remedies for unfair dismissal

LLA 1100 Remedies for unfair dismissal

If a dismisal is held to be unfair there are three remedies that the arbitrator can apply in terms of the Labour Relations Act, 1996, namely:

• reinstatement
• Compensation, and 
• re employment.

This course discusses and explains the law and best practice with regard to each of these remedies. 

The intention of the course, apart from setting out the law as clearly as is possible, is to assist arbitrators in their quest to apply a fair and appropriate remedy to a particular set of facts, and to do so with reasons which are reasonable and justifiable. 

The intention further is to assist representatives, and indeed the parties themselves, to motivate and argue for a particular remedy. Too often the remedy is left in the arbitrator’s hands. This course advocates a creative response to the question of the appropriate remedy, an approach which is fully supported by the case law, but which has been seldom applied.