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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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Legal Notice: The information contained herein is provided for general information purposes only. It does not constitute legal advice. Whilst we take reasonable steps to ensure the accuracy and integrity of information contained herein, we accept no liability or responsibility whatsoever if any information is, for whatever reason, incorrect or corrupted. We further accept no responsibility for any loss or damage that may arise from reliance on information contained herein.