Understanding reinstatement in light of irreparable working relationships
At a glance
- In the recent decision of Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (CA10/2024) [2025] ZALAC 38 (19 June 2025), the Labour Appeal Court (LAC) confirmed that although reinstatement is the primary remedy in unfair dismissal disputes, reinstatement is not always appropriate, even where a dismissal is substantively unfair.
- The LAC overturned the Labour Court's decision and held that reinstatement was not appropriate where an employee's employment would be objectively intolerable based on the circumstances surrounding the employee's dismissal.
- Pre-dismissal conduct, such as unfounded accusations against senior management or refusing to co-operate in an internal investigation, may make reinstatement inappropriate.
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