Sasol Nitro v NBCCI (DA6/2015) [2017] ZALAC 22 ; [2017] 8 BLLR 883; (2017) ILJ 2322 (LAC) (3 May 2017) per Sutherland JA (Musi JA concurring- Ndlovu JA deceased)

The reason for dismissal was unfair and the employee was reinstated but without back-pay.  On review the labour court confirmed the reasonableness of the award.  The LAC disallowed the employer’s appeal and upheld the labour court’s judgment and the award.  The LAC confirmed that the determination of the validlity and fairness of the reason for dismiss is always fact-specific and ‘individualised’.  The award had regard to the employee’s seniority and unblemished record in assessing the unfairness of the dismissal.  Reinstatement is the primary remedy and the employer failed to advance any valid reason why continued employment would be intolerable.  Unfortunately the LAC treated the denial for back-pay as a ‘fine’.

This language suggests a form of punishment which the LAC has previously stated can never be the purpose of any form of discipline.

See also: Risk management not punishment: Not moral outrage.