1130 Re-employment as a remedy for unfair dismissal

R100.00

An arbitrator may order the re-employment of an employee if the employee’s dismissal consists of a failure by the employer to re-employ the employee as contemplated by section 186(1). In addition, an arbitrator may order the re-employment of an employee if it is not appropriate for the employee to be reinstated. The arbitrator may order the employer to reemploy the employee in either the work in which the employee was employed prior to the dismissal or in other reasonably suitable work. The LRA contemplates two broad situations in which it is appropriate to order re-employment.

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