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Post Info TOPIC: Reinstatement
Anonymous

Date:
Reinstatement
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Hi I was recently at the ccma and got a settlement agreement for reinstatement. The agreement states that it is in full and final settlement and nothing about a disciplinary hearing. Upon returning to work today the company suspended me pending a disciplinary to fix their previous procedural defects whereby no disciplinary was held. Please advise on what my rights are and can a company actually do this as they had a mala fide intention at the ccma and did not play open cards. Please help.I am so restless and haven't slept properly for days. Thanks in advance

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Labour Protect

Date:
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Good day,

 

my advise is to first check the settlement agreement, you are looking for a clause stating that "this settlement extinguishes all causes of action between the parties". if it says this then they cannot hold a disciplinary hearing.

If not then proceed with the disciplinary hearing, if the outcome is negative them proceed to the CCMA.

 

LP



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