re-employment

When an arbitrator finds that an employee as been unfairly dismissed, the award will require the employee to be re-instated - unless there are conditions preventing reinstatement. This week Ivan Israelstam indicates the practical and psychological implications for the employer of having a re-instated employee within the workforce.

An employer may think that by offering an employee a fixed term contract, they will be able to simply terminate the employee at the end of the contract. However, as Ivan Israelstam explains it depends upon the circumstances and company policy and practice. An employer may inadvertently give a temporary employee an expectation of further employment.

Ivan Israelstam

One of the most difficult situations for companies to handle is an arbitration award that requires reinstatement or re-employment of previously dismissed employees. Apart from implications for the management of the rest of the workforce, the requirement not to be seen to victimise the employee/s is critical. Ivan Israelstam explains.

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