The LC reviewed and set aside an award in which only compensation was ordered. In DHL Supply Chain (Pty) Ltd v De Beer NO the LAC emphasized that reinstatement is the primary and default remedy. It could only be displaced by high threshold factors that outweighed the underlying rationale, namely intolerability or impracticability. The LC was not persuaded that the arbiter considered the question objectively enough when deciding the issue and set aside the award and replaced it with an order for retrospective reinstatement.
J v CCMA (SA Social Development Agency) (PR68/2014) [2016] ZALCPE 17 (9 September 2016) per Lagrange J.
Reported
[2016] 12 BLLR 1222 (LC)
Headnote
Dismissal – Remedies – Reinstatement – Employee dismissed for instituting defamation action against subordinates – Reinstatement proper remedy because employer failed to show that conduct had rendered employment relationship intolerable.