Why Molefe's return to Eskom cannot be justified legally

Brian Molefe is expected to report for duty at Eskom on Monday morning after being reinstated by the board.

Molefe resigned from Eskom after being implicated on the Public Protector's report.

Eskom has alleged that Molefe took early retirement, in contradiction to Molefe's resignation letter in which he said he resigns voluntarily in the interest of good governance.

Also read: Eskom changes statement on Brian Molefe's resignation

The Eskom board then decided to give Molefe a R30 million payout after his resignation, which was turned down by the Minister of Public Enterprises, Lynne Brown.

Labor law expert, Michael Bagraim, explains the legal implications of Molefe's return to Eskom.

They are alleging that Molefe took early retirement at the age of 51. In terms of the rules you need to be 55 in order to take early retirement.

Michael Bagraim, labor law expert

It can't be a resignation because it is a unilateral act, and Mr Molefe said this was an agreement between the parties. And he said as part of an agreement he had to be given R30 million.

Michael Bagraim, labor law expert

Resignation comes from nothing. You don't get your UIF. You don't get a package for resigning. If you want to resign, you go.

Michael Bagraim, labor law expert

Listen to the audio below for more information...

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