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Reinstatement is the primary remedy for an unfair dismissal dispute unless:

• The employee chooses compensation over reinstatement (see Lubbe / Roop NO); or
• The employer proves that continued employment would be intolerable (see Edcon / Pillemer); or
• It is not reasonably practical for the employee to be reinstated (see Maepe / CCMA); or
• The employee’s dismissal is substantively fair.

Please note the contents of our previous newsflash which states that reinstatement is not capped at a year. As such should a matter take some years to finalise and the ruling is reinstatement then this is retrospective.
To avoid lengthy delays which could prejudice you as an employer obtain the services of a specialist labour lawyer who will run your matters diligently and with precision. Look no further than www.moni.co.za.

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