How common is re-instatement by a labour court following a finding of unfair dismissal?Posted in : First Tuesday Q&A ROI on 1 March 2016
When instituting a claim under the Unfair Dismissals Acts 1977-2015, the claimant must specify the redress sought – i.e. reinstatement, re-engagement and / or compensation.
Where reinstatement is ordered, the employee is put back to the same position he/she held immediately before the dismissal on the same terms and conditions of employment. The employee will be entitled to back pay for the period that he/she was out of work, and the continuity of employment is preserved. Therefore, reinstatement is the most far reaching redress that can be awarded under the legislation.
However, most successful claims for unfair dismissal result in awards of compensation.
While compensation is the most
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Back to Q&A's This article is correct at 01/03/2016
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