CEO In Africa's Corporate Jungle

Para (ee) it is my finding that the protected disclosure that he has made (and not misconduct that he has committed), was the dominant or most likely cause of his dismissal. In terms of section 187(1)(h) of the LRA such a dismissal is regarded as automatically unfair and the remedies provided for by section 193 of the LRA includes reinstatement, re-employment and compensation. The compensation awarded to an employee whose dismissal is automatically unfair must, in terms of section 194(2) of the LRA be just and equitable in all the circumstances, but not more than the equivalent of 24 months' remuneration calculated at the employee's rate of remuneration on the date of dismissal.Adv. Busisiwe Mkhwebane Public ProtectorRepublic of South AfricaPretoria