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An employee's Right to
re-employment... 
As an employer, are you aware that an employee has the
right not to be unfairly dismissed and, for
a dismissal to be fair, you must show that the principal
reason is reasonable and
justifiable?
With effect from 1st October 2009, Article 77 (as amended)
of the EMPLOYMENT (Jersey) LAW 2003, permits the
Jersey
Employment Tribunal to consider two different options
for the re-employment of an employee.
As such, if you are deemed to have unfairly dismissed an
employee, the Employment Tribunal can award, as an
alternative to any financial compensation, an order
for the reinstatement or re-engagement
of that employee.
Reinstatement?
In instances when an award of reinstatement has been
made by the Tribunal, the employee must be treated as
though the dismissal had not occurred, with no loss
financially, loss of seniority or loss of continuity
of service.
Re-engagement?
When an award of re-engagement has been made, the
employee must be re-employed, but not necessarily in the
same job or on the same terms and conditions of
employment. However, as far as possible, the terms you
offer must be as favourable as if the employee had been
reinstated, unless the employee was deemed partly to
blame for the dismissal.
While reinstatement will be considered in the first
instance, if the Tribunal should decide not to make such
an order, it must then consider whether to make a
direction of re-engagement. Once a direction
for re-employment has been made by the
Tribunal, should you, as an employer, fully or
partially fail to comply with that order, then
the Tribunal may award the employee additional
compensation up to a maximum of 26 weeks pay.
If you are an employer facing an 'unfair
dismissal’ claim, or
unsure if your employee contracts and procedures comply
with the requirements of the Jersey Employment Law, call
ALLIED EMPLOYMENT SOLUTIONS.
Alternatively, complete our online
enquiry form
or give us a call on FREEPHONE 0800 567 7813 and one of our advisors will contact you,
offering you sound practical advice and guidance at a
cost substantially lower than the fees charged by
‘legal’ employment advisors. |
