This involves the loss of certain entitlements flowing from seniority in employment. These comprise mainly the time it will take to acquire enough seniority in any new job to be eligible to certain benefits such as promotion or insurance, or to be entitled to ample protection from procedural rules. The protection of the worker may be enhanced if the worker were reinstated in his former post or re-engaged in some alternative job.


An order for reinstatement does not deprive the court from its inherent right under the labour code to award damages in case of wrongful termination of the contract. Where reinstatement is ordered and damages awarded for wrongful termination of contract, the measure of damages would be the loss the plaintiff has suffered during the period he is out of work. The employee will be entitled to his salary and all other fringe benefits that are linked to the employee’s job. There is no doubt that the making of an order shall be subject to certain conditions to wit;

  • The wishes of the worker
  • The practicability of the employer being able to comply,
  • The justice of such an order in the light of the worker’s contribution to dismissal.
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