Tag: reinstatement
Conditional reinstatements shake the labour law tightrope
When an employee has been unfairly dismissed, the Labour Relations Act (LRA) prescribes reinstatement as the remedy. The employer can depart from this only if it shows good reason. Full reinstatement requires the employer to pay the employee all remuneration accrued between the date of dismissal and the date of reinstatement.
Lack of disciplinary expertise can prove costly
The cost to the employer can include hearings at CCMA, Labour Court and Labour Appeal Court as well as back pay.
Understanding the rights and obligations of the parties
A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same time, labour legislation. Although the judgment may at first seem confusing, a careful analysis of its outcome sheds light on how these parallel sources of the parties rights and obligations operate in conjunction.
