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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 28, 2026

What are the principles governing common purpose misconduct?

September 21, 2026

What are the principles governing an employee’s duty to disclose to his/her employer information about misconduct?

September 14, 2026

In Article 31, we dealt with the distinction between desertion and abscondment.

In Article 32, we dealt with the misconduct of deeming desertion.

In this article, we will deal with termination of employment by operation of law in the private sector – similar to deeming to be discharged in the public sector.