s.59Remedies for unfair dismissal
59
Section 59Part 8 — DISMISSALS

Remedies for unfair dismissal

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Where upon a complaint of unfair dismissal the Employment Tribunal, summary court or Grand Court has determined that the dismissal was unfair, it may —
order payment by the employer of a sum of money by way of compensation; or
reinstate the employee with back pay for the period of unemployment.
Subject to subsection (3), in making an award of compensation under subsection (1), the Employment Tribunal, summary court or Grand Court shall have regard to —
the length of the continuous employment of the employee;
the likelihood of the employee finding comparable employment;
the remuneration of the employee immediately preceding the dismissal;
the length of time until retirement age of the dismissed employee and any entitlement to pension he may then have;
the degree of unfairness of the dismissal; and
such other matters as may be reasonable or as may be prescribed.
The amount of an award of compensation under subsection (1) (a) shall not exceed one week's wages for each completed year of service with that employer.
Where an Employment Tribunal, summary court or Grand Court finds that an employer dismissed an employee unlawfully, it shall, in addition to any other orders it may give, order the employer to pay to the severed employee a penalty, the maximum of which shall be twelve weeks' pay.
Where a penalty is ordered under subsection (4), the amount of the penalty to be paid is in the discretion of the Employment Tribunal, summary court or Grand Court, subject to the maximum therein specified, and that discretion shall be exercised taking into account all the circumstances of the case, but no penalty shall be ordered unless the employer is adjudicated to have previously unlawfully dismissed an employee, the dismissal taking place in the two years immediately preceding the dismissal in issue before the Employment Tribunal, summary court or Grand Court.
For the avoidance of doubt, it is declared that the mere fact that the employer violated fair dismissal provisions in the preceding two years is not in itself sufficient reason for ordering a penalty to be paid.
In the case of an appeal (filed under section 80) in respect of a dismissal for which an award has been made by the Employment Tribunal under this section, the summary court or Grand Court shall, in making its own award of damages, be guided by subsection (2), (3), (4), (5) and (6), and may —
affirm the award of the Employment Tribunal;
if it is of the view that the award was manifestly inadequate, make a higher award;
if it is of the view that the award was manifestly excessive, reduce the award;
make such other order generally as it thinks fit.
For the avoidance of doubt, it is declared that, except as provided in section 94, complaints shall come before the summary court or Grand Court in accordance with the appeal procedures prescribed in section 80.

Defined Terms

compensationreinstatementback paypenaltyunlawful dismissalappeal

Cross References

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