LABOUR LAW – UNFAIR DISMISSAL – REINSTATEMENT MUST BE JUDICIALLY ORDERED TAKING INTO ACCOUNT ALL CIRCUMSTANCES OF THE CASE

LABOUR LAW – UNFAIR DISMISSAL – REINSTATEMENT MUST BE JUDICIALLY ORDERED TAKING INTO ACCOUNT ALL CIRCUMSTANCES OF THE CASE

First instance and appellate disciplinary hearing bodies found first respondent (employee) guilty of the misconduct he was charged with and dismissed him. He referred a dispute to the Labour Commissioner and after an award in favour of the employee was made, the employer appealed. PARKER J considered the appeal and after setting out the basis of his approach as per Germanus v Dundee Precious Metals Tsumeb 2019 (2) NR 453 (LC), and the undisputed facts, stated that:

‘[5]         The . . .

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