Unfair Dismissal - Remedies Available to an applicant for a Unfair Dismissal Claim
Date: March 16, 2011
Authors: Michael Cruz B.Eng., JD
Remedies Available to you for an Unfair Dismissal Claim
What remedies are available to an applicant filing an unfair dismissal claim?
Where the Commission upholds a claim, it may order an employer to:
- Reinstate the employee to their former position;
- Re-employ the employee in another position that the employer has available;
- Provide back pay and other entitlements owing from the time of the dismissal, where reinstatement or re-employment is ordered;
- Compensate the employee by ordering payment of an amount not exceeding the remuneration of the employee during the six months before the dismissal, where reinstatement or re-employment is considered impracticable;
- Not dismiss the employee, where dismissal has been threatened.
The amount of compensation that an applicant can claim is not to exceed six (6) months of an applicant’s remuneration immediately before being dismissed. The amount received will vary in each case and depend on various factors including, for example, whether the applicant made reasonable attempts to find alternative employment.
To ensure that you receive all of the compensation you are entitled to, make sure that you have appropriate and experienced legal representation.
