Reinstatement Archives

Retrospective reinstatement ordered: Imposing lesser sanction?

by GilesFiles | Jun 1, 2026 | 2020 onwards, Allowed, Appeals, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Conduct unbecoming, Costs, Costs not awarded, Courts, Declaratory, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Private enterprises, Progressive, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Trust & confidence, Unlawful and void | 0 |

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Breaching employment contract: Employment restored

by GilesFiles | Mar 30, 2026 | BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Community schemes, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Notice requirements, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutory, Suzanna Harvey, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Executing reinstatement judgment: Requirements of s 18 of SC Act?

by GilesFiles | Feb 20, 2026 | 2020 onwards, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, LC Rules-new, Legal Practice, Legislation, MR Makhura, Orders, Parties, Personal services, Provincial, Refused, Reinstatement, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics | 0 |

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Reasonableness of CCMA award: On evidence presented

by GilesFiles | Feb 18, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Conduct unbecoming, Contractual breach, Costs not awarded, Courts, Declaratory, Insolence and disrespect, Insolence and insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Protect not punish, Provincial, Public Protector, Reinstatement, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Unlawful and void | 0 |

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Invalid dismissal reason: Rules not contravened

by GilesFiles | Jan 15, 2026 | Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disputes: factual, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Private enterprises, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suspicion, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Substantively unfair dismissal: Reinstatement ordered

by GilesFiles | Dec 2, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs not awarded, Courts, Disputes: factual, Evidence & onus, Fair procedure, Granted, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Progressive, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Universities and schools, Unlawful and void | 0 |

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Reinstatement practically impossible: Compensation awarded

by GilesFiles | Nov 26, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Balancing interests, Causes and defences, Compensation or damages, Construction industry, Contractual breach, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 194, LRA 1995, Minute: pre-trial or arb, MPN Nkutha-Nkontwana, Operational reasons, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Employees sharing passwords: Invalid and unfair dismissal

by GilesFiles | Sep 30, 2025 | 2020 onwards, Allowed, André van Niekerk, Appeals, Causes and defences, Conduct unbecoming, Courts, Declaratory, District, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Instating employee retrospectively: With full backpay

by GilesFiles | Aug 18, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, District, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, MPN Nkutha-Nkontwana, Municipal managers, Orders, PAJA 2000, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Reinstating legal practitioner: Punitive costs awarded

by GilesFiles | Aug 12, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, General, granted, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Non-profit organisations, Orders, Parties, Personal services, Reinstatement, Sectors, Statutory, Topics | 0 |

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Unlawful employment termination: Disciplinary code disregarded

by GilesFiles | Aug 4, 2025 | 2020 onwards, AB - Law generally, Applications, Banks, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), BM Whitcher, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Finance, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Testing positive for alcohol: Zero tolerance policy?

by GilesFiles | Jul 14, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Specific performance, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Category: Reinstatement