Reinstatement to the employee’s former position is no longer the primary remedy for an unjustified dismissal. However, the Authority or Court may provide for reinstatement where it is practicable and reasonable to do so.
Employees may apply directly to the Authority (and not the Court) for an order for interim reinstatement at any stage of the problem-resolution process.
Pursuant to section 123 of the Employment Relations Act, the Authority may award the following remedies where they find an employee has a personal grievance:
- lost wages or other monies equal to the sum or part of the sum of money lost due to the personal grievance;
- compensation for humiliation, loss of dignity and injury to the feelings of the employee; and/or
- compensation for the loss of any benefit to the employee, whether or not of the monetary kind due to the personal grievance
Where the Authority or the Employment Court finds an employee has a personal grievance, they must when considering if any remedies should be awarded to the employee, consider the extent to which the actions of the employee contributed to the situation that gave rise to the personal grievance. Where the employee is found to have contributed to the grievance, any remedies awarded may be reduced.