Reinstatement what now

[Laura7]

Finally the one case is over and to my surprise the commissioner has ordered the company to reinstate me and said that my dismissal was unfair. However, there is a major problem, the new management could not wait to get rid of me and subsequently dismissed another two workers for similar reasons as my dismissal.

Now the commissioner wants me to return to work, after there has been an irrevocable breakdown in the relationship. Terrible accusations have been made against me, and I have been banned from entering their premises. How can I go and work at a place where I am not allowed entry and how can I work for people who despise me, who planned my downfall. I think I would rather die than go back to that place. I suppose the best would be for me to ignore the order and move on, even if it means I will never get another job again, just make the best of what is.

[HR Solutions]

You are probably going to get the legal answers from other guys , but I want to ask you a question. What were you hoping for when you went to the commissioner ?

[Laura7]

Hi there, I honestly believed that I would receive a financial reward for the unfair dismissal.

[Citizen X]

Finally the one case is over and to my surprise the commissioner has ordered the company to reinstate me and said that my dismissal was unfair. However, there is a major problem, the new management could not wait to get rid of me and subsequently dismissed another two workers for similar reasons as my dismissal.

Now the commissioner wants me to return to work, after there has been an irrevocable breakdown in the relationship. Terrible accusations have been made against me, and I have been banned from entering their premises. How can I go and work at a place where I am not allowed entry and how can I work for people who despise me, who planned my downfall. I think I would rather die than go back to that place. I suppose the best would be for me to ignore the order and move on, even if it means I will never get another job again, just make the best of what is.

Hi Laura,

Firstly, I want to provide the relevant legislation and then the practical solution


1. In terms of section 143(1) of the LRA “An arbitration award issued by a commissioner is final and binding and it may be enforced as if it were an order of the Labour Court in respect of which a writ has been issued, unless it is an advisory arbitration award.”
2. In terms of section 143(3) of the LRA “an arbitration award may only be enforced in terms of subsection (1) if the director has certified that the arbitration award is an award contemplated in subsection.”
2. In terms of section 143(4) If a party fails to comply with an arbitration award certified in terms of subsection (3) that orders the performance of an act, other than the payment of an amount of money, any other party to the award may, without further order, enforce it by way of contempt proceedings instituted in the Labour Court.
3. So, in practice, you need to complete what is called a ‘7.18,’ form, attached here,
4. Please take note that this is an affidavit! It must be commissioned!
5. You must also attach the arbitration award to this application and proof that you served the award on the employer!
6. Serve on CCMA,
7. What happens after this?
7.1 The CCMA director will send a notice to the employer which will be entitled, ‘Notice in respect of application in terms of section 143 of the Labour Relations Act 66 of 1995,’ asking the employer to make any written representations


So, in short, you asking the CCMA to certify the award.

[Dave A]

Frankly, an order for reinstatement always seemed the most likely outcome. Theoretically the parties should be putting the past behind them and moving on. Practically I expect it doesn't always work out that way...

Laura, the one thing that struck me throughout this story was your professional demeanor. I suggest now is the time when you need it most.

I suggest you meet with the employer and see if you can resolve this. Confront the issues in a professional manner.
There is this award.
You have abc concerns about coming back.
In order for you to come back, obviously xyz would need to change.
In the circumstances, is the execution of this award actually doable?

If not, can we agree an alternative settlement between us?

Test the waters in a calm, professional manner and see what comes back.
You may be pleasantly surprised.
(Again).

[Entropy Group]

Very sound advice from Dave and very useful input from Citizen X. I am surprised that this was not discussed at the time of the CCMA making their ruling. Generally, the commissioner's objective is to resolve the dispute. If the ruling, in this case reinstatement, does not sufficiently resolve the dispute, the CCMA process has failed. If your suggested discussion with your primary employer does not result in an amicable resolution, you should bring the case before CCMA again, (as suggested by Citizen X) and get a different sanction. Good luck and don't give up.

[Laura7]

Hello everybody,

I never received the arbitration certificate stating the outcome and was told that the Commissioner had to change the dates because my file was missing. I can understand why there was confusion and chaos because it was the Bargaining Council and they are short staffed. However after a week or two, I finally received the outcome. I do not have to go back to work. I was given a financial reward. I am so grateful that I do not have to go back and work with the people who took away my dignity. I am sure they will argue about the reward and do everything they can to avoid paying but I suppose I will have to deal with that as it happens.
What I want to do now, is sue the directors for defamation of character, it was their decision to terminate my services in the most horrible manner. Do you think it is possible?

[HR Solutions]

Anything is possible Laura, but to sue the directors you must have proof and money.

[Greig Whitton]

What I want to do now, is sue the directors for defamation of character, it was their decision to terminate my services in the most horrible manner. Do you think it is possible?

Possible: yes.

Advisable: no.

[Entropy Group]

Great reply Greig.

[Laura7]

After all the pain and suffering and the humiliation that this company have caused, I want to retaliate but probably wont. Although the company is hellbent on not paying me the award and have now opposed the ruling. I might have forgot to mention, that the company did not attend the arbitration hearing, and the Commissioner said that the Bargaining Council faxed a notification to them and decided to proceed without their presence.
Now that the company are opposing, I want to know what the procedure is and how long will it take to finally put this nightmare behind me.

[adrianh]

Why don't you just walk away - it seems that you are fighting a losing battle that isn't worth winning anyway.

[Citizen X]

After all the pain and suffering and the humiliation that this company have caused, I want to retaliate but probably wont. Although the company is hellbent on not paying me the award and have now opposed the ruling. I might have forgot to mention, that the company did not attend the arbitration hearing, and the Commissioner said that the Bargaining Council faxed a notification to them and decided to proceed without their presence.
Now that the company are opposing, I want to know what the procedure is and how long will it take to finally put this nightmare behind me.

Hi Laura,

There is an information disconnect between us. Correct me if I'm wrong, you have taken the award to the employer and they refuse to comply? Have you had the award certified by the Bargaining Council?

[HR Solutions]

Why don't you just walk away - it seems that you are fighting a losing battle that isn't worth winning anyway.

I tend to agree with this

[adrianh]

I tend to agree with this

I must admit that I STORMED away once after really having had enough of the ahole that I worked for. We had a meeting at a coffee shop in Canal Walk to try and sort out our differences but he once again got so badly on my nerves that i just completely lost it. It was so great to tell him exactly what I thought of him and his company. Oh and also how he could take his burnt bridge and shove it very deeply where it belongs. I will admit that half the patrons at the shop were totally disgusted and the other half really had a good laugh (I think that that some of them would have loved to do the same - but hey, I'm the one who is willing to toss his rag and face the consequences which is of course not always a terribly clever thing to do)