ReinstatementDamages in lieuArrear salariesOverpayment
Tags
Quantification of damagesReinstatementArrear salaries
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
{"issue_text":"Whether applicant is entitled to arrear salaries from dismissal date to reinstatement date","issue_type":"mixed","dispositive":"yes","related_facts":"Original judgment dated 31 May 2013 did not provide for retrospectivity"}
{"issue_text":"What is the appropriate quantum of damages in lieu of reinstatement","issue_type":"law","dispositive":"yes","related_facts":"Respondent offered 12 months salary and 3 months notice pay"}
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background
Facts of the Case
Background
The applicant sought quantification of damages after an earlier judgment ordered his reinstatement or payment of damages in lieu. The respondent opted to pay damages instead of reinstatement and had already paid arrear salaries and benefits from dismissal date to reinstatement date, which the court found was incorrect interpretation of its order.
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