Employment and Industrial Relations Act (Cap. 452), article 81

81. (1) Where on a complaint for unfair dismissal referred to the Tribunal under article 75, the Tribunal - (a) finds that the grounds of the complaint are well- founded, and (b) on the specific request of the complainant to be reinstated or re-engaged made in the referral or in the statement of his case, the Tribunal considers that it would be practicable and in acco rdance with equity, for the complainant to be reinstated or re-engaged by the employer, the Tribunal shall make an order to that effect, stat ing the terms on which it considers that it would be reasonable for the complainant to be so reinstated or re-engaged: Provided that where the comp lainant is employed in such managerial or executive post as r equires a special trust in the person of the holder of that post or in his ability to perform the duties thereof, the Tribunal shall not order the reinstatement or re- engagement of the complainant; but where the complainant was appointed or selected to such post as aforesaid by his fellow workers the Tribunal may order hi s reinstatement or re-engageme nt in the post held by him before such appointment or selection. (2) Where on a complaint made under article 75, the Tribunal finds that the grounds for the complaint are well-founded - (a) in cases of unfair dismissal, if there is no specific request for reinstatement or re-engagement or the Tribunal decides not to make an order for reinstatement or re-engagement as aforesaid, the Tribunal shall make an award of compensation, to be paid by the employer to the complainant, in respect of 60 CAP. 452.] EMPLOYMENT AND INDUSTRIAL RELATIONS the dismissal: Provided that, in determining the amount of such compensation, the Tribunal shall take into consideration the real damages and losses incurred by the worker who was unjustly dismissed, as well as other circumstances, including the worker’s age and skills as may affect the employment potential of the said worker; (b) in all other cases other than cases alleging a breach of articles 26, 27, 28, 29 or 29A, the Tribunal may make such order as it deems necessary in order to remedy the breach or it may make an award of compensation to be paid by the employer to the complainant, or it may award such compensation and make such orders as it may deem necessary in order to remedy the breach; and (c) in cases alleging a breach of articles 26, 27, 28, 29 or 29A the provisions of article 30(2) shall apply. Effects of awards or decisions by Tribunal. Amended by: XX.2022.6.