A Valentines day treat for the Applicants!!! In this matter the court had to consider whether the Respondent had complied with an arbitration award or not. This application was brought by the Applicants who had been employed part-time by the Respondent as cooks, and the Respondent would call the Applicants to work once an activity requiring their services occurs in the workplace. The Applicants received R 100 per day for their services and worked for 5 days on average in a month. The Applicants were dismissed from their posts and new employees were appointed to their positions.
The Applicants reffered an unfair dismissal dispute to the CCMA and the commissioner found that their dismissal was procedurally and substantively unfair and ordered the Respondent to reinstate the Applicants to their positions on the same terms and conditions before their dismissal.
The Labour Court is granted powers under section 158(1)(c)of the Labour Relations Act to make an arbitration award an order of court. The court accordingly made the CCMA arbitration award an order of court. The court in reaching this decision reasoned as follows:
"The ordinary meaning of the word "reinstate" is to put the employee in the same job or position he or she occupied before their dismissal. Reinstatement is aimed at placing an employee in the position he/she would have occupied but for the unfair dismissal".
The Respondent in this matter had reinstated the Applicants and did not use their services for a period of 3 months meaning they were not renumerated throughout this time. The Respondent failed to comply with the arbitration award as it no longer called the Applicants to come and offer their services as and when they were required which was the position before their dismissal. In consideration of this the court made the arbitration award an order of court and ordered cost in favour of the Applicants.
Chocolates and flowers for the Applicants 😊
Great day at the office and a successful outcome for clients. Now I can fully celebrate Valentines Day.
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Director of Marketing Communications | The Langham, Gold Coast and Jewel Residences, managed by Langham (AHA Winners of Best Hotel 2023)
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