Tag: LRA 193

Reinstatement impractical intolerable: Primary remedy?

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Recruitment protected disclosure: Automatically unfair dismissal

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Counterclaim damages awarded: Unprotected strike

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Unusual costs order: Successful legal practitioner

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Fixed-term contract: Reinstatement ordered by LAC

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Impractical reinstatement considered: Compensation increased

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Labour broker and reinstatement order

A labour broker or TES failed to contest unfair dismissal proceedings and was ordered  to reinstate two employees who had been placed at a certain workplace.  But work was no longer available at that workplace so they were paid...

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Remedial action of reinstatement considered and applied

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Reinstate unless relationship intolerable

The Constitutional Court held that the arbiter should not have immediately ordered  reinstatement without considering s 193(2) of the LRA.  The arbiter should have  determined whether reinstatement was precluded.  Reasons for...

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