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Chapter 4

Remedies for unfair dismissal

The remedies for unfair dismissal are wide-ranging and will be more advantageous to
an employee than an action for wrongful dismissal.

The remedies are:

 Reinstatement

 Re-engagement

 Compensation

Reinstatement

This is an order that the employee may return to their old job without any break in
continuity. This would usually only be granted if it was in line with the employee’s
wishes.

Re-engagement

This is an order to the employer to give the employee a new job with comparable
terms and seniority. This would not be given if there has been a breakdown in
confidence between the parties.

Compensation

This is the usual remedy in a case of unfair dismissal. There are three types of
payment: the basic award, the compensatory award and the additional or special
award.

 The basic award depends on: employee’s age, weekly pay and length of
continuous service.

 The amount is reduced if a redundancy payment has been made or the
employee caused or contributed to their dismissal.

 The award is made regardless of loss suffered by the employee and there is no
duty to mitigate.

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