Redress for Employees under the Under Fair Dismissals Act

If you have been unfairly dismissed, you may be entitled to one of the following forms of redress:

1. Reinstatement
This effectively means that the employee has never been dismissed. The employee will be awarded back pay from the date of dismissal (when your notice expires) to date of the hearing.

2. Re-engagement
This effectively means that you re-engage employment from a certain date. This remedy is used when the employer and the employee are both at fault or where there is a clash of personalities between the parties. The employee may be entitled to back pay in the circumstances.

3. Compensation
This is the most common form of redress granted. If it is award the employee is entitled to up to 104 weeks’ pay. However, the employee will only be awarded their actual financial loss from the date of dismissal to the hearing date. The employee will be asked to mitigate their loss, i.e. has the employee found alternative employment?

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