defective noticereinstatementsuspensionpoint in limine
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defective notice of appealreinstatementsuspension
legislation
Statutes Cited
Labour Court Rules
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the relief of reinstatement sought in the draft Notice of Appeal is competent where the employee was suspended prior to dismissal","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant suspended 6 July 2020, dismissed 14 August 2020, draft Notice prayed for reinstatement"}
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background
Facts of the Case
Background
The appellant, who had been suspended on 6 July 2020 and dismissed on 14 August 2020, filed a draft Notice of Appeal seeking reinstatement. The respondent challenged this relief as incompetent, arguing that the status quo to be restored was suspension, not reinstatement.
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