CIMAS v Tapiwa Nyandoro (SC 6 – 2016)

The judgement was well reasoned in our view, an employer is not under an obligation to reinstate an employee who has shown an unequivocal intention not to be part of the employer. The lesson for the employees is that taking employment under company “A” whilst you are still employed with company “B” terminates employment with company “B”. In addition, there is also the lesson that reinstatement in terms of a code of conduct does not entitle an employee to damages in lieu of reinstatement.

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The judgement was well reasoned in our view, an employer is not under an obligation to reinstate an employee who has shown an unequivocal intention not to be part of the employer. The lesson for the employees is that taking employment under company “A” whilst you are still employed with company “B” terminates employment with company “B”. In addition, there is also the lesson that reinstatement in terms of a code of conduct does not entitle an employee to damages in lieu of reinstatement.

This content is for Free Membership and Paid Content Membership members only.
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