Example of screening for COVID-19 for third-party contracting visitors Setting the transfer date for employment law purposes can be difficult. Is the acquisition date the date on which the new entity commenced operations? Or is it the date on which the buyer and seller signed the contract? Or the date on which the buyer and seller indicated in the contract the date on which the sale took effect or will take effect? These injunctions can deal with different types of disputes, including wrongful dismissals for misconduct, poor performance, illness and operational requirements. In addition, the Basic Conditions of Employment Act (BCEA) gives the Labour Court the power to decide disputes related to employment contracts. And the Employment Equity Act (EEE) allows the labour court to issue injunctions regarding unfair discrimination disputes. The Labour Court of Appeal is subject to the Labour Court and has increased powers. He may appeal against the decisions of that court. It also has the power to refer directly, if necessary, matters normally dealt with by the Labour Court after the LRA. It is clear that these two courts have very extensive powers between them. And they generally do not hesitate to exercise their powers strongly, even if this entails a very heavy financial burden for the party on the side of the beneficiaries. For instance, in Evans vs.
Japanese School of Johannesburg, the Labour Court found that the employer had dismissed the worker and had unduly discriminated against the worker. The court ordered the employer to pay damages in the total amount of R377,000. A few years ago, the Labour Court awarded the Ministry of Labour an amount of compensation of R1 million. When reinstatement is ordered, the court generally requires the employer to pay the employee for the period between the termination and the date of rehire. The objective is to compensate for the employee`s loss of income before reinstatement. The LRA expressly sets out the maximum amount that the court can award if the dismissed worker is not rehired. This limit is 24 months` remuneration in the event of unjustified automatic termination and 12 months` remuneration in all other cases of unjustified termination. However, the LRA remains silent on a cap on the amount of the additional payment associated with a rehiring order. For a long time, it was assumed that the amount of the additional payment was limited only by the number of months between the date of termination and the date of rehiring. As recently as 2005, the Labour Appeal Court confirmed this view. In Kroukam vs.
SA Airlink, the Labour Court of Appeal ruled that the amount of the additional payment could be deducted from the date of dismissal even if it exceeded the limits of compensation. Shortly thereafter, however, in the case of CWIU and Others v. Latex Surgical Products, the Court of Labour Appeals ruled that the amount of the additional payment ordered should be subject to the same limits as those set for compensation orders. In Saccawu and Others against Primserv ABC Recruitment, the Labour Court held that the amount of additional payment orders was not the highest set for compensation orders. . . .