R200.00
In terms of section 193 (2) the remedy of reinstatement is the prime remedy for unfair dismissal, and an arbitrator must require the employer to reinstate or re-employ the unfairly dismissed employee unless:
“(a) the employee does not wish to be reinstated or re-employed;
(b) the circumstances surrounding the dismissal are such that a continued employment relationship would be intolerable;
(c) it is not reasonably practicable for the employer to reinstate or re-employ the employee; or
(d) the dismissal is unfair only because the employer did not follow a fair procedure..
Reinstatement is therefore the appropriate order where a dismissal has been found to be unfair, and is the appropriate remedy- unless there is evidence to the contrary.
This article discusses and explains the law and best practice with regards to reinstatement as a remedy for an unfair dismissal in terms of the Labour Relations Act, 1995, and explains this remedy- a practical way with reference to case law.
The course -LLA 1120- is based on this article.
The article provides access to all research on the subject, which is NOT included in the course workbook.
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