Reinstatement Award Legal Steps

Summary

If you receive a reinstatement award and your employer challenges it, they may seek a review by the Labour Court. They must provide security while the case is under review. If the Labour Court loses the arbitration record, you may need to request a new hearing. Communicate your case history effectively to the employers attorneys and seek legal advice for the best course of action.

Full Conversation

I won award on */* /* reinstatement with same terms and conditions.
Hello **** Mokowe, Congratulations on your award. To better assist you, can you provide more context about the award? For instance, was it related to an employment issue? Also, can you please tell me your location?
Reinstatement with same terms and conditions on * /* /*
Hello **** Mokowe, congratulations on your award. To provide the best advice, could you please share where you're located and what your employment situation was before the reinstatement?
Indaba Bryanston at Omnia Johannesburg
Hello **** Mokowe, congratulations again on your reinstatement. Under South African Labour Law:
- Your employer is obliged to comply with the award and reinstate you under the same terms and conditions.
- If they do not comply, you can enforce the award through the Labour Court.
Please ensure to keep all relevant documents safe.
On */*/* the employer attorneys did bond security at Labour Court 24 months.
Hello **** Mokowe,
The bond security at the Labour Court seems to be an action taken by your employer's attorney. Can you please clarify the context of this action? It will help me provide more accurate information.
Yes! Because they are not satisfied with the commissioner award.
Hello **** Mokowe,
If your employer isn't satisfied with the commissioner's award in South Africa, they may:
- Seek a review of the award by the Labour Court within * weeks.
- Provide security while the case is under review, which appears to be the bond security you mentioned.
Please consult a legal professional for further advice.
How I'm going to connect with the lawyer?
Hello **** Mokowe,
You can connect with a lawyer in South Africa through the Law Society of South Africa's referral service. They will help you find a lawyer who specializes in your case. Make sure to have all your documents ready for your consultation.
It's free when you call them?
Hello **** Mokowe,
Calling the Law Society of South Africa's referral service is typically free, but it's always good to confirm. However, consultation fees with the referred lawyer may apply. Always ask about costs before proceeding with legal services.
OK
Hello **** Mokowe,
I'm glad I could assist you. If you have any more questions or need further clarification, feel free to ask. Remember, it's crucial to understand your rights and legal options. Best of luck with your case.
I am around Pretoria maybe I can get them as soon as possible.
Hello **** Mokowe,
You can find the Law Society of South Africa's office in Pretoria. They can help you get in touch with a local lawyer. Do you need their contact details?
Ok
Hello **** Mokowe, for your convenience, here are the contact details for the Law Society of South Africa in Pretoria:

Law Society of South Africa (Pretoria Office)


Phone: +* * * *
Address: * Brooks St, Menlo Park, Pretoria, *, South Africa
Website: www.lssa.org.za

If you need further assistance, do not hesitate to ask.
You don't have their email address?
Hello **** Mokowe, I apologize for the oversight. Unfortunately, I do not have the direct email address for the Law Society of South Africa's Pretoria office. I recommend visiting their website or calling them to inquire about the best way to reach them via email.
Ok
Hello **** Mokowe, if you have any further questions or need more legal information, feel free to ask. Remember, it's important to understand your rights and legal options. Good luck with your case.
The employer they used their own employee as the Chairperson to held the hearing.
Hello **** Mokowe, using an employee as the chairperson for a hearing may raise concerns of impartiality. Can you provide more context regarding this hearing, such as the nature of the matter and your location?
The complainant John Connolly he resign from the company and the Chairperson Nelly Mondi past away
Hello **** Mokowe, I see. This is a complex situation. In South Africa, it's common for an employee to chair a disciplinary hearing. However, the chairperson should be impartial. If you believe there was bias, you might have grounds to challenge the fairness of the hearing.
Yes! They where bias, the HR also resign.
Hello **** Mokowe, I understand your concern about the potential bias. In South Africa, if you believe the disciplinary hearing was unfair, you might have grounds to challenge it in the Labour Court. Have you considered this option?
Yes! It was Automatically unfair, the employer failed to follow their own policy and procedure and also to follow the risk assessment vehicles policy procedure.
Hello **** Mokowe, if you believe your dismissal was automatically unfair and the employer violated their own policies, you can appeal to the Labour Court in South Africa. Do you need assistance in understanding the appeal process?
I asked Applicant to use hearing recording to Justice Prinsloo to give directions on the matter.
Hello **** Mokowe, it seems you're interested in submitting the hearing recording to Justice Prinsloo for directions. To provide accurate information, could you please clarify if this is part of an ongoing court case or a new application?
The Labour Court they missed the arbitration record, so Labour Court they can't finalize the matter.
Hello **** Mokowe, I understand your concern. If the Labour Court lost the arbitration record, you may need to request a new hearing. Have you contacted the court or your legal representative about this issue?
We did reconstruct on */* /*, the employer attorneys they still not satisfied. They want to do re hearing de nova, to do re hearing de nova is to the hearing refresh, so I don't agree with them because I won award and I was awarded on * /* /* by commissioner.
Hello **** Mokowe, I understand your situation can be stressful. In South Africa, a "de novo" hearing means the case is heard afresh. However, if you disagree with this, it's essential to communicate your disagreement to your legal representative or the court. They can guide you on the best course of action.
OK
Hello **** Mokowe, I hope the information provided was helpful. If you have any more questions or need further clarification on this or any other legal matter, please feel free to ask. Best of luck with your case.
My Question to you is! If the people's that they know about the matter are resign and the Chairperson is past away, and right now I communicate with the employer attorneys that I am hundred percent sure that they don't know about the history of the case
Hello **** Mokowe, in such a situation, it's important to provide all relevant documents and evidence to the employer's attorneys. If you feel they lack necessary context, consider seeking legal advice on how to effectively communicate the case history.
Ok
Hello **** Mokowe, I hope the information provided was helpful. If you have any more questions or need further clarification on this or any other legal matter, please feel free to ask. Best of luck with your case.
Thanks
Hello **** Mokowe, you're welcome! I'm glad I could assist you. Remember, it's important to understand your rights and legal options. If you need more legal information in the future, feel free to reach out. Good luck with your case.
Thanks.
Hello **** Mokowe, you're welcome! I'm here to assist you with your legal queries. If you have any more questions in the future, don't hesitate to reach out. Best of luck with your ongoing case.