Reinstatement Archives

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 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Reinstating dismissed employees: Backpay included

by GilesFiles | Jun 26, 2025 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, MR Makhura, Operational reasons, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Retirement, Rules Codes & Manual, Sectors, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Claiming arrear remuneration: Reinstated with full backpay

by GilesFiles | Jun 18, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), Causes and defences, Compensation, ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, leave to appeal, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Private security, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Enforcing reinstatement order: Appeal but exceptional circumstances

by GilesFiles | Jun 11, 2025 | 2020 onwards, Appeals, Appeals - leave, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Local, LRA 07: 112-184 Dispute, LRA 1995, Municipal managers, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Upholding reinstatement award: Final warning sufficient

by GilesFiles | Jun 5, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, BC and HOAs, Causes and defences, Community schemes, Conduct & capacity, Conduct unbecoming, Courts, Declaratory, False assumptions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Non-profit organisations, Orders, Parties, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Warnings | 0 |

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Disputing procedural fairness: Operational requirements

by GilesFiles | Jun 5, 2025 | 2020 onwards, Agriculture, Appeals, Appeals - leave, Balancing interests, Causes and defences, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 1995, Objective - correctness, Operational reasons, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Restructuring, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Deemed discharge considered: Sec 17(3)(a)(i) of PS Act 1994

by GilesFiles | Jun 4, 2025 | 2020 onwards, Absenteeism, Allowed, Appeals, Appeals - leave, BCEA 77(3) & 77A(e), Causes and defences, Central, Contractual breach, Courts, Declaratory, Deemed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Operation of law, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Breaching picketing rules: Some reinstated retrospectively

by GilesFiles | May 28, 2025 | 2020 onwards, AB1 - Fairness principle or concept, André van Niekerk, Appeals, Appeals - leave, Balancing interests, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Conduct - gross, Contractual breach, Courts, Declaratory, Disciplinary action, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 04: 64-77 Strikes, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: Reinstatement