If the employee wins their case at the CCMA, they have 3 options: reinstatement with full backpay, reemployment 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.



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=== 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 KwaZuluNatal. 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 reemployment work?
02:41 What factors does the CCMA use to calculate compensation for unfair dismissal?


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=== 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 attorneyclient relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation

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