Employees prefer compensation over reinstatement, and CCMA commissioners seem happy to oblige. In a recent case the CCMA commissioner found that the employee’s dismissal was substantively unfair and awarded seven months’ remuneration as compensation. The commissioner calculated the compensation with reference to the employee’s net salary- not the employee’s gross remuneration. The commissioner should have calculated the compensation on the basis of the employee’s (much larger) gross remuneration. The Labour Court agreed.
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