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ARTICLE · 07 JULY 2025

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Words Have Power: When Unfounded Allegations Sink Reinstatement

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The Labour Appeal Court's judgment in Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration & Others (19 June 2025) is a reminder that winning the...

South AfricaEmployment and HR
David Short
David Short
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The Labour Appeal Court's judgment in Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration & Others (19 June 2025) is a reminder that winning the "unfair dismissal" label does not guarantee an employee the remedy they most want: reinstatement. In this case a senior manager's own words and conduct during the disciplinary and arbitration processes persuaded the commissioner – and, ultimately, the LAC – that putting him back in the workplace would be intolerable. For employers the decision offers both a litigation playbook and a caution: success turned not on proving misconduct beyond doubt, but on meticulously documenting how the employment relationship had broken down past repair.

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