The LAC disallowed the employer’s appeal and upheld the finding that the employee had been substantively and procedurally unfairly dismissed, but amended the retrospective reinstatement order slightly.  As the employee was unfairly dismissed in 2011 and reinstated with full retrospective effect it was a very costly mistake by senior management.

Blinkwater Mills (Pty) Ltd v Kgalegi (JA67/2015) [2016] ZALAC 51 (22 November 2016) per Savage AJA (Landman JA and Phatshoane AJA concurring)