oa De Rebus - Employment law update

Abstract

Curing procedural defects Employers sometimes act in a procedurally unfair manner in dismissing employees and then wish to cure the defect by offering the employee reinstatement. The employee must then decide whether to accept the offer of reinstatement or to persist with an unfair dismissal claim. If he accepts the offer, the employment relationship is restored. If not, the employee faces the risk that his unfair dismissal claim may be dismissed on the basis that the employer's offer of reinstatement cured the procedural defect.