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Outline three types of redress available to employees who have been unfairly dismissed under the Unfair Dismissals Act 1977/2015. - Leaving Cert Business - Question 1(C) - 2021
Question 1(C)
Outline three types of redress available to employees who have been unfairly dismissed under the Unfair Dismissals Act 1977/2015.
Worked Solution & Example Answer:Outline three types of redress available to employees who have been unfairly dismissed under the Unfair Dismissals Act 1977/2015. - Leaving Cert Business - Question 1(C) - 2021
Step 1
Reinstatement
Answer
Reinstatement refers to the process where an employee is treated as if they had never been dismissed. This means that they are entitled to repayment for earnings lost between the date of dismissal and the date of reinstatement. Additionally, any changes in employment terms such as pay and benefits during this period will also be considered. This remedy is commonly utilized.
Step 2
Re-engagement
Answer
Re-engagement occurs when an employee is given back their job, but not necessarily at the same location or job role as before the dismissal. This remedy specifies that the employee will receive compensation for any loss of earnings until they are re-engaged. Although the dismissal may have been deemed unfair, this option allows the employee to return to work, thereby mitigating loss.
Step 3
Compensation
Answer
Compensation is the most prevalent remedy granted to employees who have been unfairly dismissed. This entails compensating the individual for any financial loss they sustained due to the dismissal. Typically, the maximum compensation awarded is up to two years' pay, with a maximum cap of five years for certain types of claims, such as injuries to feelings or stress incurred as a result of the dismissal.