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3.3_Case update by Benita Whitcher.pdf

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It was only when reinstatement or re re-employment employment was not ordered that<br />

compensation in terms of s194 could be ordered and to a maximum of 12 or<br />

24 months remuneration depending on the nature of the dismissal.<br />

Boxer Superstores (Pty) Ltd v Zuma & others [2008] 9 BLLR 823 (LAC);<br />

Shoprite Checkers (Pty) Ltd v CCMA & others [2008] 12 BLLR 211 (LAC);<br />

compare p with Maepe p v CCMA & another [2008] [ ] 8 BLLR 723 (LAC): ( )<br />

– Where arbitrators find dismissals substantively unfair, they must give reasons<br />

for not ordering reinstatement/retrospective reinstatement; the reasons<br />

must bbe bbaseddon theexceptionstotherule h h l in s 193(2)<br />

( )

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