The Labour Relations Act (LRA) requires arbitrators and judges to use reinstatement as the remedy of first resort when an employee has been unfairly dismissed. The requirement for reinstatement to be implemented is limited where:
• The dismissal was only procedurally unfair.
• The employee prefers not to be reinstated.
• Reinstatement would be intolerable or impractical.
Reinstatement means that the employee must be returned to the same job on the same terms and conditions as they existed before the dismissal. The arbitrator may in addition order the employer to pay the reinstated employee all remuneration and benefits accrued between the date of dismissal and the date of reinstatement.
Where the Commission for Conciliation, Mediation and Arbitration (CCMA) or court decides that the employee is to return to work, but not in the same job as before, it may order re-employment instead of reinstatement, as long as the new job contains suitable work.
この記事は Skyways の October 2019 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
すでに購読者です ? サインイン
この記事は Skyways の October 2019 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
すでに購読者です? サインイン
Fit For Purpose
Changing legislation offers a range of opportunities in the health sector
Good For Grinches
Finally! A holiday season Scrooge himself can invest in
A Paradise In The Wilderness
Visitors find freedom at Treedom on the Garden Route
Do It For The Kids
Parenting styles play an important role in helping children develop through the pandemic and beyond
Trekking With Teens
Travelling with adolescents comes with a unique set of challenges
Know Your Mind
Our brain uses shortcuts to think quickly but, sometimes, these mental timesavers let us down. Dr Pragya Agarwal discusses the science of cognitive biases, and why it’s more important than ever to understand how they hold sway over our views
Infected With The Travel Bug Again
As tourism-related establishments up their game to ensure visitor health and safety, it’s possible to feel positive about travelling again
Star attraction
Greater Kruger lodge makes a spectacular first impression
Palala position
The effect of the past on the present is positively felt in a luxury Waterberg lodge
Can the spam!
Irrelevant advertising will almost certainly turn consumers against your product