back paydamagesreinstatementmitigationwrongful dismissal
Tags
back paydamages in lieu of reinstatementquantificationmitigation of damages
legislation
Statutes Cited
Labour Court Rules
ai analysis
Case Summary
Key Issues
{"issue_text":"What is the appropriate quantum of back pay and damages in lieu of reinstatement?","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's monthly salary, period of unemployment, mitigation efforts"}
{"issue_text":"Did the applicant properly mitigate her damages?","issue_type":"fact","dispositive":"no","related_facts":"Applicant started looking for work in 2014, two years after dismissal"}
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background
Facts of the Case
Background
The applicant sought quantification of back pay and damages after the respondent failed to reinstate her following a Labour Court order of 17 June 2015. The respondent had been ordered to reinstate the applicant without loss of salary and benefits or pay damages in lieu of reinstatement.
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