compensation for unfair dismissal Research Papers (original) (raw)
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Section 187 of the Labour Relations Act 66 of 1995 (LRA) sets out the grounds on which a dismissal will be regarded as automatically unfair. These include where an employee is dismissed for reasons which amount to unfair discrimination,... more
Section 187 of the Labour Relations Act 66 of 1995 (LRA) sets out the grounds on which a dismissal will be regarded as automatically unfair. These include where an employee is dismissed for reasons which amount to unfair discrimination, including age.
Section 6(1) of the Employment Equity Act 55 of 1998 (EEA) proscribes unfair discrimination in the workplace. It provides that both direct and indirect discrimination against an employee on a number of listed grounds, including age, is forbidden.
The issue that arises is whether an employee who claims compensation for an automatically unfair dismissal in terms of s 187 of the LRA can also institute a claim for compensation and damages under the EEA for unfair discrimination on the basis of the same facts. This case note will consider this issue in the context of Hibbert v ARB Electrical Wholesales (Pty) Ltd (2013) 34 ILJ 1190 (LC).