Posted by: RIANA | 2009/03/28

settlement out of court and not reistate

Dear Sir,

The company took the Arbitration award to Labour Court. And now they are not happy with reistatement. In short the won' t reistate me they now to settle the matter out of court. The award ordering the company to reistate me The company the don' t want to reistate me with no particular reason other than trust being broken Please advice.I really need my job back to settle out of court and not being reistate Which means I will lose my job Please advice on settlement. Must I consider it exactly what must I consider I really want thi to be over but also I want justice.
Thanks& Regards
Nelly Kunene

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Our expert says:
Expert ImageLabour lawyer


It is worth considering a settlement as opposed to a reinstatement otherwise they will probably make your life a misery. I am not sure what your length of service or how long you have waited for them to make the order and it is then difficult for me to advise you on what an appropriate damages award would be.

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Our users say:
Posted by: Anonymous | 2009/06/22

i was recently dismissed for poor work performance, my new manager and i did not get along. He called me into his office, after aout 2.5 months of working together and told me " He was replacing me" . I was then instructed to go to HR dept. where i was formally charged with misconduct and poor work performance and aggavated circumstances, and I was immediately suspended until my enquiry, not having the faintest idea what i was being charged for. On the day of the enquiry, issues were brought up that he had found over the past 25 months. Where they decided that a formal hearing was appropiate. At the hearing i defended the issues and gave explaination of everything, yet i was still found guilty. And dismissed for poor work performance. Yet there had never been any warning, discussion, counselling, meeting, investigation or training. Should i take this case to the CCMA?

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