Reinstatement as a remedy for unjustified dismissal

Abstract

This study sets out to determine the factors associated with the decision by those who have been dismissed unjustly, to seek or not to seek reinstatement as a remedy. This paper explores the factors that are said to influence a grievants decision that is the influence of the size of the workforce, length of time since dismissal, trust in the employer, the expected level of tension in the workplace, the anticipated reactions of fellow employees, the immediate and or other supervisors as factors, and there influence on the decision to seek reinstatement. This paper also looks at the legislation, case law and scholarly literature as explanations to this research question. The results show that while the variables above are considered as factors it seems that the overriding consideration is the desire for the employee seeking reinstatement to consider the factors above, but to remain in employment often regardless of the hostility or resentment felt by those within the organisation towards the grievant.