Themba v Mintroad Sawmills (Pty) Ltd (J1683/2012) [2014] ZALCJHB 447; [2015] 2 BLLR 174 ; (2015) ILJ 1355 (LC) (12 November 2014) per Snyman AJ.
#1 Reinstatement – meaning considered – what constitutes compliance with reinstatement award
#2 Reinstatement – restoration of status quo – does not create right to increases in the interim – unless right to increase founded in contract or legal provisions – applicant has right to increases in terms of collective agreements
#3 Leave pay – reinstatement does not entitle employee to be paid out for leave pay in the interim – leave pay only payable on termination of employment
#4 Reinstatement – determination of back pay resulting from legal proceedings in the interim leading to reinstatement not being effected – principles considered
#5 Application proceedings – proper process is application for quantification – applicant properly brought application to Labour Court – relief granted