It is common that when an employee has been dismissed and the employee is still in the process of challenging the dismissal, the employer then continues to fill the vacancy. In such a case, the contract between the replacement employee and the employer must be carefully drafted. There seems to be no issue when the contract stipulates, for example, that the replacement is temporary. Issues arise when the replacement employee is employed permanently. What happens to this permanently employed replacement employee when the dismissed employee wins their unfair dismissal and becomes entitled to reinstatement?