Employees prefer compensation over reinstatement, and CCMA commissioners seem happy to oblige. In a recent case the CCMA commissioner found that the employee’s dismissal was substantively unfair and awarded seven months’ remuneration as compensation. The commissioner calculated the compensation with reference to the employee’s net salary- not the employee’s gross remuneration. The commissioner should have calculated the compensation on the basis of the employee’s (much larger) gross remuneration. The Labour Court agreed.

For further information on the Employment Equity Act any labour related matters, you can contact
Bernard Reisner:

W.Tel no.: 021-423-3959
Cell: 082-433-8714
Fax: 021-4232105
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za