GATW13723-13 – RE-INSTATEMENT OF OUR CLIENT PLUS R210 986 PAYABLE TO OUR CLIENT (CCMA ARBITRATION AWARD 1 OCTOBER 2014) (LABOUR COURT JUDGMENT 13 JULY 2017)
Our client, the employee (Applicant), referred an unfair dismissal dispute to the CCMA against her previous employer. The client had been impersonated during telephone calls and was dismissed on the basis of those calls.
This matter involved a 5 (five) day arbitration and most importantly, our client’s name was cleared and her honour and dignity restored. It was indeed a pleasure to assist the Applicant in this process in order to ensure she received a measure of justice. This too was a complex matter, but attention to detail and a comparison by Maria Du Toit of the evidence led by witnesses at the internal disciplinary hearing and thereafter at the CCMA, as well as the lack of a consistent chain of evidence by the employer, led to the client being exonerated at the CCMA.
The CCMA found in the Applicant’s favour and the Respondent was ordered to reinstate the Applicant on 1 October 2014 on the same terms and conditions that existed prior to her dismissal and to pay the Applicant R 210 986 by 31 October 2014. The Applicant was to report for duty on 1 October 2014. The matter has been taken on review to the Labour Court by the employer.
The matter was heard on 13 July 2017 and the Review Application was dismissed with costs in our client’s favour. Further the Arbitration Award was made an order of court and the employer was directed to pay back pay to our client from the date of the Arbitration Award until date of reinstatement.