Not every dismissed employee can claim reinstatement; the law grants this remedy to employees covered by job security. Because the process is subject to short, strict deadlines, a legal assessment immediately after dismissal is important.
Job Security Requirements
The following conditions must be met together:
- At least 30 employees in the workplace
- At least 6 months of seniority
- An indefinite-term employment contract
- Termination without a valid reason
- The employee is not an employer’s representative
Deadlines and Mediation
A mediator application must be filed within one month of the termination notice. If no settlement is reached, a lawsuit must be filed with the labour court within two weeks of the final mediation report. These deadlines are preclusive: missing them extinguishes the reinstatement claim.
Outcomes
If the court finds the dismissal invalid, the employee must apply to the employer within ten business days of the final judgment. If the employer does not reinstate within one month, it must pay compensation of four to eight months’ wages, plus up to four months’ wages for the idle period.
This content is provided for general legal information only and does not constitute legal advice on any specific matter.
Related Practice Area
Employment Law