s.55Remedies for unfair dismissal
55
Section 55Part 7 — Unfair Dismissal

Remedies for unfair dismissal

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Where, upon a complaint of unfair dismissal, a Labour Tribunal has determined that the dismissal was unfair it may order the payment by the employer to the person dismissed of a sum of money by way of compensation for unfair dismissal.
In making an award of compensation under subsection (1), a Labour Tribunal shall have regard to —
the length of the continuous employment of the person dismissed immediately preceding the dismissal;
the likelihood of the person dismissed finding other comparable employment;
the salary of the person dismissed immediately preceding the dismissal;
the period up to the likely retirement age of the person dismissed and any entitlement to a pension which that person may then have;
the degree of unfairness of the dismissal; and
such other matters as may be prescribed.
The amount of an award of compensation under subsection (1) shall not exceed one week's wages for each completed year of service.
In the case of any action before any court in respect of a dismissal for which an award has been made under subsection (1), the court shall, in making any award of damages, take into account and deduct from the award of damages any sum awarded by a Labour Tribunal under subsection (1).

Defined Terms

compensationLabour Tribunal

Referenced By