Abstract

The Labour Relations Act 66 of 1995 (LRA) empowers courts and commissioners to award compensation for unfair dismissal and unfair labour practices that is ‘just and equitable’. However, uncertainty remains regarding its nature, purpose and quantification. This note examines competing interpretations focusing on the distinction between the loss-based and sui generis approaches to compensation. The article argues that in Total SA (Pty) Ltd v Meyer & others, the Labour Appeal Court adopted an unduly narrow approach by reducing compensation because the employee received severance above the statutory minimum, thereby overlooking non-patrimonial harm and inadequately addressing labour injustice.