Redress

The Act provides in section 7 for three different remedies for an employee who has been unfairly dismissed.

Re-instatement

This requires the employer to treat the employee as if the dismissal had not happened.  The employee is placed back in the same position and will be entitled to any arrears of salary due.

Re-engagement

This is awarded where the relationship between the parties has broken down to a degree where it is not possible to re-instate the employee in his old position or where circumstances in the work environment have changed. The employee is given a comparable position to their previous job.

Compensation

Although the options for redress reflect the aim of the Act (to bring about conciliation between the parties) by far the most commonly used is compensation.  This is usually because in a dispute over dismissal the relationship between the parties will have broken down to the point where it is beyond repair. Section 7(1)(c) provides that employees can be entitled to a maximum of 104 weeks pay. However if there has not been any financial loss from the dismissal  compensation will be capped at a maximum of four weeks pay.

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