Solatium - Seeking Justice for Unfair Labour Practices

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Female educator awarded R90 000 solatium in arbitration after Department makes an appointment on the strength of being male.

In a recent arbitration case, a dedicated female educator was awarded a substantial R90,000 solatium after an appointment by the Eastern Cape Education Department raised questions about gender bias. The Department's decision was based on the statement, "We decide on M_____’s name because of the communities cry for a man, there is the man that we brought you."

Such situations underline the importance of fair compensation for the emotional and professional toll of unfair labour practices.

Solatium, as defined in South African Post Office Limited v Soman NO and Others, is not just a monetary relief, but a symbolic gesture to heal the wounds of injured feelings and humiliation suffered by employees. It's an acknowledgment of the impairment of an individual's dignity, and it must be just and equitable, as per section 194(4) of the LRA.

The Laubscher v GPSSBC and Others case reinforces the importance of equitable remedies. In this case, a South African diplomat faced unjust disciplinary action short of dismissal, resulting in hurt and humiliation. The Labour Court ruled in favour of the employee, granting fair and equitable compensation of six months.

Let's continue to champion fair treatment in the workplace and advocate for just and equitable remedies when unfair labour practices occur.