Article 28/2023

Does a reinstatement order in itself reinstate an employee?

Does a reinstatement order restore the contract unfairly terminated?

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  • when an employee is unfairly dismissed, the contract between him and his employer is
    terminated by dismissal
  • if a reinstatement order is obtained, this does not restore such employment contract and the employee has no automatic claim to back pay or future pay
  • the reinstatement order indeed directs the employee to tender services and the employer to accept same – the simple truth is that the employer reinstates the employee and the employee cannot rely on the order granted
  • if the employee tenders services in terms of the reinstatement order and the employer refuses such services, no restoration of the employment contract takes place – the reinstatement order is enforced by means of contempt proceedings (an order ad factum praestandum)
  • on the other hand, if the employee fails to tender his or her services, the contract is not restored and he has no claim for back pay or future pay
September 2, 2025

What alternative claim(s) exist in delict to a statutory automatically unfair dismissal, a statutory constructive dismissal and a statutory unfair discrimination claim?

September 2, 2025

The scenario is as follows: in terms of a collective agreement between an employers’ organisation and various trade unions, provision is made for the accreditation of medical schemes by the relevant bargaining council, so that employees may enjoy the benefits of selecting and joining a scheme to which their employers contribute.

August 26, 2025

The labour court is afforded jurisdiction ito s77(1), read with ss77(3), of the BCEA to hear and determine any matter concerning a contract of employment, irrespective of whether a basic condition of employment constitutes a term of contract.