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State the main remedies available for unfair dismissal as stated in the Unfair Dismissals Act 1977-2015.

Question

State the main remedies available for unfair dismissal as stated in the Unfair Dismissals Act 1977-2015.

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Solution

Under the Unfair Dismissals Act 1977-2015, if an employee is found to have been unfairly dismissed, there are three main remedies available:

  1. Reinstatement: This is where the employee is given back their old job as if they were never dismissed. They are entitled to the same terms and conditions, and any loss of earnings from the time of dismissal to the time of reinstatement must be paid to them.

  2. Re-engagement: This is similar to reinstatement, but the employee is not treated as if they were never dismissed. They are given a comparable job or a different job that might be on different terms and conditions. Any loss of earnings from the time of dismissal to the time of re-engagement must be paid to them.

  3. Compensation: This is the most common remedy. The compensation awarded cannot be more than two years' remuneration. The amount of compensation is based on the financial loss suffered by the employee as a result of the dismissal. This can include loss of earnings, future loss of earnings, and any other financial losses directly attributable to the dismissal.

It's important to note that the remedies are not punitive, they are designed to put the employee back in the position they would have been in had they not been unfairly dismissed.

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