remedy Archives - GilesFiles

Tag: remedy

Reinstate unless relationship intolerable

by GilesFiles | Nov 15, 2016 | 2016, ConCourt judges, Constitutional Court, Courts, Intolerable, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 2 |

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...