What happens if a tribunal says an employee should be reinstated but the employer doesn’t do it/refuses to do so? Are there mechanisms to enforce the decision?

Posted in : First Tuesday Q&A ROI on 3 February 2015
Zelda Cunningham
Arthur Cox
Issues covered:

The Unfair Dismissals Acts 1977-2007 (the “Acts”) provide that an employee who successfully claims that he/she have been unfairly dismissed by their employer can be reinstated to their former employment. Reinstatement puts the employee back into the position he/she held immediately before the dismissal, on the same terms and conditions. A reinstated employee will be entitled to back pay for the period he/she was out of work. All other benefits must also be brought up to date and the employee retains continuity of service.

A party can appeal the EAT determination to the Circuit Court within six weeks of the decision.

If no appeal has been lodged and the employer fails to comply with the

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Back to Q&A's This article is correct at 02/09/2015

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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