[L127] REINSTATEMENT & COMPENSATION FOR CCMA UNFAIR DISMISSAL LABOUR LAWYER - SOUTH AFRICA

If the employee wins their case at the CCMA, they have 3 options: reinstatement with full backpay, re-employment or compensation. Each option can be used for an unfair dismissal case in terms of the Labour Relations Act. Compensation is calculated based on the circumstances of the dismissal, whether or not the dismissal was grossly unfair, the employer’s circumstances and the need to punish the employer from dismissing employees unfairly.
The leading case is: Hoffman vs SA Airways (October 2005) where the Court said that the determination of a remedy is based on various factors such as:
• To address the wrong resulting from the infringement.
• To deter future violations by the employer.
• Fairness to all affected
• To make an order that can be complied with
• And to take into account the nature of the right infringed and the nature of the infringement itself. This is very important in terms of the facts of the case.
=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: [e-mail]
WEBSITE: www.legal-leaders.co.za/servi...
=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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=== TIME STAMPS===
00:00 What is Reinstatement in south African labour law?
02.01 How is backpay for unfair dismissal calculated?
02:28 How does re-employment work?
02:41 What factors does the CCMA use to calculate compensation for unfair dismissal?
🔔 Subscribe for more
=== RESOURCES CITED IN THIS VIDEO===
Labour Relations Act 66 of 1995
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation
#Labourlawyer #unfairdismissal #ccma

[@renepassenz7628]

I’ve been following you on how to do this ccma case of mine . Thank you today is my last day going to ccma . You were a great help

[@legalleaderssouthafricanla7309]

Hello Rene We are glad to see this! If you need to chat to us, we can be reached on 031 942 8863 or [e-mail] All the best for your CCMA case Aslam Moolla Labour Lawyer

[@legalleaderssouthafricanla7309]

You welcome! All the best!

[@sithembilemzobe9201]

Hi Aslam Please advise my first case was on 15 feb was insubordination or failure to follow instructions and after that they gave me a final written warning,ever since i worked there i never go for enquiry.again on 22 Feb went for disciplinary hearing of insubordination of not swivhing off the machine before and after loadshadding,damage to the campany property.

[@christopherbaloyi6339]

Your the best

[@legalleaderssouthafricanla7309]

Thank you. We believe in being the best lawyers for unfair dismissal and CCMA cases

[@kgosimoraba1725]

Hello sir. how to proof the case that u are set up by ur bosses and witnesses each other and u are alone without witness?

[@thembamabuya2795]

My friend was dismissed unfairly and took the case to coma. He overwhelmingly won the case but the ruling from the commissioner was a 3 month salary. His dismissal took almost a year without compensation. I was a key witness in the case in favour of the applicant. We are not satisfied with the compensation despite applying for reinstatement plus salary or compensation lost from the time he was dismissed. Legal advisors have recommended that the case be taken on review at Labour court and to challenge the ccma ruling with regard to the 3 month salary compensation after having served the company for 5 years. What is your legal advice on going for a review and the chances of a possible reinstatement?

[@legalleaderssouthafricanla7309]

Hello Themba the employer can take the case on review to the labour court. Any progress?

[@realteawithsandy1366]

What happens when your pregnancy is being discriminated against. How long do these cases take to get resolved and would compensation apply? And how many cases are won. 😩

[@legalleaderssouthafricanla7309]

Hello Sandra It is unlawful and unfair for an employer to dismiss an employee on the grounds of pregnancy. This is in terms of the Labour Relations Act. You can refer the case to the CCMA. You may even use the ground of automatically unfair dismissal if you have evidence. The case takes about 8 to 12 weeks to finalize. We can help you structure your case and even argue it for you. To book your appointment, please contact us on [e-mail] All the best! Aslam Moolla

[@lesibalesleymasenya6466]

Hello Aslam I was unfairly dismissed from my workplace by a Contracting Company at a Mine in Limpopo. Can I report the matter to the CCMA and then choose to get compensation and not return to work? After winning the case of course. I wanted to apply to a new company for employment but still pursue with the CCMA case against my former employer for compensation instead of reinstatement I got employed in November 2020 and got dismissed in July 2021 Thanking you in advance

[@legalleaderssouthafricanla7309]

Hello Lesiba Thank you for your question. Yes you can still report the case to the CCMA and claim compensation for unfair dismissal even though you are working at a new company. You must do so within 30 days If you need help, please contact us on [e-mail] or 031 942 8863 All the best! Aslam Moolla Attorney - Labour Law

[@zenandengotshane7768]

I have problem I was short on till by R300 n also I didn't follow till procedures so I took change to my colleague without the supervisor so I forgot to give her back n she was short with that money..so they give us final warning we never have any warning but they give us last warning

[@legalleaderssouthafricanla7309]

Hello Zenande Looks like you might be found guilty of not following cash up procedures. What does the company code state regarding this offence? Is it a warning? Regards Aslam Moolla Legal Leaders SA

[@mtkzie34]

Hi Aslam What happens if you are unfairly dismissed as a contractor (not permanent employee)

[@legalleaderssouthafricanla7309]

Thank you for your comment, Mthokosi. Since Independent Contractors are excluded from the BCEA and the Labour Relations Act they would not be entitled to annual leave, sick leave, or to claim unfair dismissal. I hope the above was informative.

[@erimarima7309]

I work at a restaurant as a waiter, we recently found out that our boss is paying two of the waiters while the rest of us only get tips Can we take this matter to ccma?

[@legalleaderssouthafricanla7309]

Hello Erima This seems like an unfair labour practice. An employer is not allowed to unilaterally and unfairly treat employees differently. Before you take the matter to the CCMA, its best to get a Lawyer to review your situation. For this, you are welcome to contact our offices on 031 942 8863 or any other lawyer of your choice. Why? A lawyer can review all aspects of your case and ensure that you are well prepared. All the best! Aslam Moolla Legal Leaders SA

[@amandantlebi1050]

Hello Aslam. Thank you for such informative videos they are so helpful. I was unfairly dismissed in December because of someone who didn't go to work. I took my case to the ccma. I started working there in July towards the end. I'm hoping I win the case because I'm dealing with a boss that's very corrupt and he might just bribe his way out because already he says he'll win. Anyways what are my chances of getting compensated?

[@legalleaderssouthafricanla7309]

Hello Amanda No problem. We wish you all the best! If you would like a case evaluation, you are more than welcome to contact us on our office phone to book an appointment. Our number is 031 942 8863

[@mercykumwenda8657]

Hello do you also help foreigners eg Malawians, Nigerians,zimbabweans etc?

[@legalleaderssouthafricanla7309]

Hello there Yes we can assist. Please email us on [e-mail]

[@triplesngcobo532]

Good afternoon Sir May I enforced my award while my case went on a review with the labour court

[@pamelapillay7335]

How can I contact you

[@mahomedshakeelmohideen7681]

What's steps to follow when boss uses vulgar languages against staff

[@legalleaderssouthafricanla7309]

Hi, The staff whom he uses this language against could lodge a formal grievance against him.

[@tlalengmakafane959]

Hello

[@tlalengmakafane959]

Can you please help me with my case in ccmA