Synopsis:
Application concerning extent to which order of reinstatement made in terms of the Labour Relations Act can be made retrospective, and the nature of the Labour Appeal Court?s discretion regarding order of reinstatement with retrospective effect. It was held that extent of retrospectivity is not limited beyond the date of dismissal and the nature of the Labour Appeal Court?s discretion accords with that of ordinary principles of appeal procedure. Majority: Nkabinde J (Kroon K, Madala J, Mokgoro J, O?Regan J, Skweyiya J concurring) Dissent: Yacoob J (Langa CJ and Van Der Westhuizen J concurring)
