Remedies for unfair dismissal under the Labour Relations Act 66 of 1995

Abstract

The Labour Relations Act 66 of 1995 (the Act) is primarily aimed at the advancement of economic development, social justice, labour peace and the democratisation of the workplace. This is principally done through collective bargaining to give effect to the fundamental right of everyone to fair labour practices. The approaches of both the Commission for Conciliation, Mediation and Arbitration (CCMA) and the Labour Court in their interpretation of the remedies for unfair dismissal under sections 193 and 194 of the Act, will by analysed to establish the nature and extent of these remedies. A comparative analysis of the 1956 Labour Relations Act with sections 158 and 138 (9) of the Act will be undertaken to ascertain the powers of the Labour Court or an arbitrator to order or award re-instatement or re-employment, and the conditions under which such orders or awards should be given or refused.