If an employee thinks that the dismissal was unfair, in other words that the employer didn’t follow fair procedures or there is not a ‘good reason’ for the dismissal, then the employee can try to challenge the dismissal. If a dismissal is found to be unfair, the employee will be able to get reinstated or re-employed, or get compensation money.

Reinstatement means the employee gets the job back as if she or he was never dismissed. Re-employment means the employee gets the job back, but starts like a new employee.

The employee is likely to get compensation if:

• The employee does not want the job back
• The circumstances surrounding the dismissal would make the relationship between employee and employer intolerable
• It is not reasonably practical for the employer to take the employee back
• The dismissal is unfair merely because the employer failed to comply with a fair procedure, but there was a good reason for dismissal (procedural or substantive unfairness)
• The dismissal was grossly unfair yet they still returned to their old job

The employee can get up to 12 months’ wages as compensation for an unfair dismissal. If it was an automatically unfair dismissal the employee could get up to 24 months’ wages as compensation.

The Labour Relations Act sets out the procedures to be followed to resolve disputes over unfair labour practices and unfair dismissals. The steps are summarised below. This section looks in detail at conciliation, arbitration and adjudication.

(See: Problem 4: Dismissed Employee Wants the Job Back – How to Apply for Reinstatement or Compensation)
(See: Problem 6: Employee is Dismissed for Being Drunk on Duty [with No Previous Record of Drunkenness])