Date: October 30, 2015 (E.C.)
Binding Legal Interpretation (Principle):
After a termination is found to be unlawful, the employee has the right to be reinstated. Unless the employer specifically argues and proves reasons why the employee should not be reinstated (e.g., redundancy of the position), it is a fundamental error of law for a court to reject a reinstatement request and order only monetary compensation.
Reasoning:
Since the Employer (Applicant) failed to explicitly argue and demonstrate why the Respondents should not be reinstated, the Regional Cassation Bench upheld the Board’s decision (for reinstatement), noting that the High Court’s rejection of reinstatement constituted a fundamental error of law.
Ruling:
The decision of the Oromia Supreme Court Cassation Bench (ordering reinstatement) is affirmed.