Unfair dismissal with employee reinstatement

The challenge

Can a company dismiss a long-serving employee for alleged poor performance without solid evidence? An employee with over 12 years’ tenure at a distribution company was subjected to disciplinary dismissal. The company alleged poor performance and unjustified absences. The employee categorically denied the accusations.

Our approach

We reviewed the disciplinary file and identified multiple procedural irregularities. Furthermore, we gathered evidence showing the employee’s performance had been consistently rated positively and that the alleged absences corresponded to leave previously authorised by their direct supervisor.

We filed an unfair dismissal claim before the Social Court, requesting the employee’s reinstatement with payment of interim wages.

Outcome

The court declared the dismissal unfair and, as our client opted for reinstatement, the company was ordered to reinstate them in the same position and conditions, paying all wages lost from the date of dismissal.