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Authority for the position that whilst compensation is generally regarded as solatium, factors related to actual patrimonial loss may be relevant to determining compensation that is just and equitable.
Reinstatement isn’t always a given remedy in dismissal for misconduct cases. Section 193(2) of the Labour Relations Act compels arbitrators to consider facts even though no evidence has been led or presented: a fresh perspective from the Labour Appeal Court in a recent case
A discussion of a recent Labour Appeal Court judgment which finally explains exactly what an order of “reinstatement with retrospective effect” actually means, and what applicants need to do in the event that a respondent refuses to comply with such an order.