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. While these courts have extensive powers, they do not seem sure of the exact extent of these powers. There seems to be a disagreement between the different courts over how much you can allocate to unfairly treated workers. To illustrate this point, it is necessary to explain the difference between two types of increases that the labour court can take: compensation premiums and additional payment premiums. Compensation premiums shall be granted if the worker who is unduly dismissed is not rehired.
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