- If termination was not for a good and sufficient cause, due to retirement age or due to redundancy, there shall exist grounds for the employee to contest such dismissal as unfair.
- The employee in the case of an indefinite contract, may file a claim against the employer in the Industrial Tribunal within four months from the termination.
- In the case of a definite contract, an employee must resort to the Court of Magistrates without needing to respect the four month time window.
- In the case of definite contracts, damages would be limited to the penalty of half the remaining wages until the contract expiry. On the other hand in an indefinite contract, the court will liquidate compensation taking into account circumstances of the case.
- Employees can request reinstatement, re-engagement or compensation.
- The Industrial Tribunal must then consider whether it would be reasonable for the complainant to be reinstated or re-engaged, depending on the circumstances of the case, including the role the employee had in his work place prior to being dismissed.
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