Sibiya v CCMA (FNB) (D737/13) [2015] ZALCD 37 (12 June 2015) per Cele J.
Summary: Review application to correct a portion of the arbitration award to substitute the relief of compensation with an order of re-instatement – reinstatement is the default remedy to an unfairly dismissed employee – made subject to conditions such as whether continued employment relationship would be intolerable or it was not reasonably practicable to reinstate or re-employ – reinstatement not reasonable as continued employment not reasonably practicable.
Reported [2015] 10 BLLR 1060 (LC) with headnote:
Review application to correct a portion of the arbitration award to substitute the relief of compensation with an order of re-instatement – reinstatement is the default remedy to an unfairly dismissed employee – made subject to conditions such as whether continued employment relationship would be intolerable or it was not reasonably practicable to reinstate or re-employ – reinstatement not reasonable as continued employment not reasonably practicable.