cleaner, went on to be a waitress and thereafter a slots attendant. She is presently completing Gr 12. Her career was cut short through little or no fault on her part. The applicant sought compensation as she felt that she would be victimised if she returned. Had she sought reinstatement, that remedy would have been afforded to her. Having needlessly lost her job, the applicant must be given substantial compensation. I however take the following factors into account in reducing that compensation: She contributed to a degree to the unpleasant exchanges; The applicant did not have a clean disciplinary record; She did not have long service; She has found casual work that is modestly remunerated. I find just and equitable compensation to be an amount that the applicant would have earned in 6 months. That amounts to R23 094 (R3849 x 6). AWARD The dismissal of the applicant is unfair. LTD is ordered to pay 094 within 14 days of being …………………(PTY) ……………..R23 informed of this award. at DURBAN on this 5th day of AUGUST 2016. ______________________ R J PURSHOTAM Commissioner
cleaner, went on to be a waitress and thereafter a slots attendant. She is presently completing Gr 12. Her career was cut short through little or no fault on her part. The applicant sought compensation as she felt that she would be victimised if she returned. Had she sought reinstatement, that remedy would have been afforded to her. Having needlessly lost her job, the applicant must be given substantial compensation. I however take the following factors into account in reducing that compensation: She contributed to a degree to the unpleasant exchanges; The applicant did not have a clean disciplinary record; She did not have long service; She has found casual work that is modestly remunerated. I find just and equitable compensation to be an amount that the applicant would have earned in 6 months. That amounts to R23 094 (R3849 x 6). AWARD The dismissal of the applicant is unfair. …………………(PTY) LTD is ordered to pay ……………..R23 094 within 14 days of being informed of this award. at DURBAN on this 5th day of AUGUST 2016. ______________________ R J PURSHOTAM Commissioner
INTIMIDATION%20&%20INSOLENCE.docx