Every worker has the right to demand and obtain from his employer, once a year, a certificate of service indicating the duration of his employment and the duration of his service. The outgoing incumbent shall make a certificate of service available to all staff prior to the transfer of employment. Although the contract of sale was signed on 3 April 2003, the sale took effect retroactively to 1 January 2003. 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. 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 are granted if the worker who is unduly dismissed is not rehired. The court, as far as possible, then grants the worker financial compensation for the loss of his job.
However, under the LRA, the court is required to rehire the employee to the extent possible instead of awarding compensation.