Can you be reinstated after being dismissed?
S193 (1) (a) of the Act states that: “If the Labour Court or an arbitrator appointed in terms of this Act finds that a dismissal is unfair, the Court or the arbitrator may, order the employer to reinstate the employee from any date not earlier than the date of dismissal.” Therefore the date of reinstatement will depend …
How do I write a letter of appeal for a dismissal?
The Appeal Letter You should set out your grounds of appeal in writing, explaining why you believe your dismissal was unfair. You should include any concerns you have about the investigation and/or the hearing.
What are the remedies for unfair dismissal?
Remedies for Unfair dismissal: There are three remedies available – reinstatement, re-employment or compensation.
On what grounds can I appeal dismissal?
Potential grounds of appeal could include that:
- new evidence has come to light that should be investigated;
- the sanction imposed was too severe or disproportionate to the misconduct;
- the sanction was inconsistent with one imposed for similar misconduct committed by another employee;
What is reinstatement in law?
Reinstate. To restore to a condition that has terminated or been lost; to reestablish. To reinstate a case, for example, means to restore it to the same position it had before dismissal.
How do you write a good appeal letter?
Content and Tone
- Opening Statement. The first sentence or two should state the purpose of the letter clearly.
- Be Factual. Include factual detail but avoid dramatizing the situation.
- Be Specific.
- Documentation.
- Stick to the Point.
- Do Not Try to Manipulate the Reader.
- How to Talk About Feelings.
- Be Brief.
What do you write in an appeal letter?
How to write an appeal letter
- Review the appeal process if possible.
- Determine the mailing address of the recipient.
- Explain what occurred.
- Describe why it’s unfair/unjust.
- Outline your desired outcome.
- If you haven’t heard back in one week, follow-up.
- Appeal letter format.
What are the options for reinstating a dismissed employee?
HRM looks into the options and alternatives to reinstating dismissed employees. ecent Employment Relations Authority case that ended in a dismissed employee being reinstated serves as a warning to employers, according to a specialist employment lawyer.
When does an employee have been unfairly dismissed?
When an employee has been unfairly dismissed the Labour Relations Act (LRA) requires arbitrators and judges to use reinstatement as the remedy of first resort. That is, forcing the employer to take the employee back (often with full back pay) must be considered ahead of any other remedy.
What are the implications for Discipline of reinstated?
Where the CCMA or court decides that the employee is to return to work but not in the same job as before it may order re-employment instead of reinstatement as long as the new job contains suitable work..
When to reinstate an employee after an appeal?
If the original decision resulting from a disciplinary procedure was to dismiss the employee, but this is overturned as a result of an appeal, the employer should reinstate the employee with immediate effect. The employer could choose to impose a lesser penalty in place of the original decision to dismiss.
HRM looks into the options and alternatives to reinstating dismissed employees. ecent Employment Relations Authority case that ended in a dismissed employee being reinstated serves as a warning to employers, according to a specialist employment lawyer.
How to close a letter asking for reinstatement?
Call to Action. Close your letter with a request for a response from the recipient, such as a confirmation that he’s willing to meet with you in person or on the phone to discuss the possibility of your reinstatement.
When to re-employ an employee after unfair dismissal?
If you do take the decision to re-employ this individual you should ensure that you have an effective review and appraisal procedure within the first 6-9 months so that if there are any issues, you can deal with them quickly and usually without the employee having the right to claim unfair dismissal.
How to make a stronger case for reinstatement?
If you know in advance that there are positions open within the company and that you’re qualified for one or more of these positions, you can make a stronger case for your reinstatement. Spend some time going over the company’s job listings and, if you can, ask former colleagues about any newly opened positions.