The law empowers an arbitrator or court to order an employer to do the following as remedies for unfair termination;
- To reinstate the employee from the date of termination, without loss of remuneration during the period that the employee was absent from work due to unfair termination.
- To re-engage the employee on any term that the arbitrator or court may decide; or
- To pay compensation to the employees of not less than twelve months’ remuneration.
What happens when an employer fails to re-instate or re-engage an employee as directed by the court?
The law suggests in such situation an employer is to pay compensation of 12 months’ wages in addition to wages due and other benefits from the date of unfair termination to the date of final payment.
