- July 22, 2022
- |Concise Law Reports (CLR), Covid – 19, Labour Law
LABOUR LAW – APPEAL AGAINST AWARD OF REINSTATEMENT AND COMPENSATION, WHETHER COMPENSATION FOLLOWS AN ORDER OF REINSTATEMENT
In this Labour matter, the 1st respondent was dismissed by the Lady Pohamba Hospital following a disciplinary hearing. The 1st respondent referred a dispute to the Office of the Labour Commissioner and the arbitrator found in favour of the Hospital. The arbitrator ordered that the 1st respondent be reinstated and compensated her salary inclusive of benefits for a period of 14 months. The Hospital appealed against the sanction imposed by the arbitrator, on the grounds that insufficient evidence was placed before the arbitrator to justify the sanctions she imposed, and further that her compensation award was manifestly high in the circumstances.
SCHIMMING – CHASE J discussed the applicable legal principles and the provisions of the Labour Act, 11 of 2007 and stated that the arbitrator may make an appropriate order including but not limited to an order for reinstatement and an award of compensation (section 86(15)), and held that:
- There was no evidence presented to the effect that the employer-employee relationship had irretrievably broken down, thereby rendering an order for reinstatement impossible.
- No reasons were advanced by the arbitrator for the compensation award, however, given the period of lockdown occasioned by the global Covid 19 pandemic, there was sufficient evidence on record enabling the court to alter the compensation award in terms of s89(10) of the Labour Act.
As a result, the award of reinstatement was upheld, and the 1st respondent was reinstated effective on or before 31 August 2022. The award of compensation was set aside and the Hospital was ordered to pay 1st respondent compensation by way of full salary and benefits for a period of 9 months in total.
Lady Pohamba Private Hospital (Pty) Ltd v Shovaleka NALCMD 28 July 2022