Ep 19: Reinstatement Roadblock: The Bus Stops at Intolerability скачать в хорошем качестве

Ep 19: Reinstatement Roadblock: The Bus Stops at Intolerability

In this episode, we discuss the Labour Appeal Court’s recent decision in Golden Arrow Bus Services v CCMA & Others (https://www.saflii.org/za/cases/ZALAC...) , where the LAC upheld the CCMA decision that although dismissal was substantively unfair, both declined to order reinstatement, finding thatcontinued employment was objectively intolerable.We explore what "intolerability" means under section 193(2)(b) of the Labour Relations Act - s 193(2) sets out four grounds for refusing reinstatement. We also reflect on the Constitutional Court’s guidance in Booi v Amathole District Municipality (https://www.saflii.org/za/cases/ZACC/...) , and what this case tells us about accountability, trust, and the role of seniority in employment disputes.