The department announced last week that it was withdrawing the appeal it had lodged with the Supreme Court regarding the dismissal of soldiers who went on a rampage during an illegal strike at the Union Buildings in Pretoria in 2009.
But the soldiers, who were charged with bringing the department into disrepute, disobeying orders and damaging property, will still face an internal disciplinary hearing.
The department has until 26 August to individually charge the soldiers who have been sitting at home for three years while being paid their full salaries.
The South African National Defence Union (Sandu), yesterday said the process of getting all the soldiers back to work could take time.
Sandu spokesman Jeff Dubazana denied the union was deliberately delaying the return of soldiers to work until after 26 August, when the period under which they could be charged internally would have lapsed.
"We still have to meet with the department of defence and agree on the process of getting all soldiers back to work.
"This is not a delaying tactic, but we will obviously not allow our members be charged three years since the incident," Dubazana said.
"It is, however, unfortunate that the decisions of the previous minister, [Lindiwe] Sisulu, in insisting that soldiers be dismissed without a hearing was in conflict with sound labour practices and the constitution of South Africa."
Dubazana said the union would discuss with the department the plight of soldiers who missed being promoted as part of their career development.
"The members were forced to remain home and have been disadvantaged financially and career-wise to the extent that they missed out on benefits and career progression opportunities due to their absence from service," he said.
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