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20/08/2009 14:30:43
Re: Unfair dismissal

Dear Sir,

I have just recently completed mediation with my former employer and have since written a letter of referral to the Minister outlining my case. Circumstances between my former employer has come to a point where reinstatement is not possible. I've been informed by the IRD officers during mediation that should I not accept reinstatement (for which was not offered to me), I would be making life difficult for them and myself as the Minister would not even look at my case since I am not requesting for reinstatement.

Nevertheless, I believe that I am still entitled to my two months notice as there were no grounds for dismissal and my former employer had failed to show cause for dismissal. In this respect and drawing on your experience, I would like to ask the following questions:-

How long does the minister take to revert back with the decision to refer to the Industrial Court?
Is reinstatement the only remedy offered by the Industrial court?
As the situation between my former employer and myself has deteriorated to a point where it is not possible for work with them anymore, is there such a thing as damages in lieu of reinstatement? (I've outlined my reasons in my letter to the minister on why reinstatement is not possible).

Thanking you,
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20/08/2009 15:00:04
Idustrial Relations Dept is in the right one to help you. Since Industrial Relations Dept has taken over the case, the best person to answer your questions would be the officer in-charge. If you would like to pursue something beyond their guideline, you can engage your lawyer for a lawsuit.
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