Labour Law

Reinstatement: What Does This Actually Mean?

Labour law in South Africa has commonly been left to interpretation, leading to a plethora of court cases that are resolved based on how both parties and the court interpret the laws and involved legal obligations. As a result, companies have taken advantage of these laws to get them out of sticky legal situations with their employees. A good example of this comes with the latest court ruling on Walmart vs SACCAWU (SA Commercial, Catering, and Allied Workers Union), affecting a total of 503 retrenched and reinstated employees. The court judgement handled on the issue of backpay and how this aspect was interpreted by either side, with the judgement ruling in favour of Walmart’s interpretation. So, what does this actually mean?

Job Reinstatement

In the case between Walmart and SACCAWU, the 503 reinstated workers claimed backpay for the period of retrenchment, which seemed fair and within their legal rights. However, the court judgement interpreted the law differently, stating that Walmart is not liable to any back payment – basically stating that the people will get their jobs back and closing the case. Not having a proper understanding of the labour law in South Africa can cause some confusion, which is where our legal services comes into play.

Labour Law Experts

In simple terms, Walmart had a better understanding of how the labour law of South Africa can be applied in a backpay situation where retrenched workers are reinstated. We could go into fine details about the laws surrounding back payment to find answers. However, it comes down to having labour law experts on your side when faced with such a legal matter. Walmart’s case should be a testament to the way labour laws in South Africa can be interpreted, which is why Allardyce & Partners Attorneys offers labour law specialists who can give you sound advice, consulting, and a variety of other useful legal services for both business owners and employees. Contact us today on 011 234 2125 or email us at for all your labour law needs.

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