Is reinstatement always the appropriate remedy?

One of the primary functions of the CCMA is to “keep employees employed”. Therefore, it is not surprising that reinstatement or re-employment is the primary remedy for an employee whose dismissal was unfair. Section 193 of the Labour Relations Act 66 of 1995 (hereinafter referred to as the LRA) provides that where an arbitrator finds [...]

2022-07-05T15:31:33+02:00July 5th, 2022|Dismissal|Comments Off on Is reinstatement always the appropriate remedy?

“It’s like you never left”

When a matter is referred to Arbitration, one of the possible awards handed out by the Commissioner is reinstatement. Generally, the award of reinstatement flows as a result of a referral related to a dismissal or end-of-contract matter. With reinstatement, the Commissioner directs the employer (the Respondent) to restore the employee (the Applicant) to their [...]

2022-06-13T10:27:39+02:00June 13th, 2022|Arbitration, Dismissal|Comments Off on “It’s like you never left”

Re-employment versus Reinstatement

Many a time when employers settle their disputes in the CCMA, either during conciliation or arbitration and the decision is made that the employee returns to work, a critical distinction to be considered carefully is whether the employee returns as a new employee or on the terms and conditions of their previously terminated employment, as [...]

2022-03-03T09:01:30+02:00March 1st, 2022|General|Comments Off on Re-employment versus Reinstatement
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