WRC Orders Re-Engagement Rather than Re-Instatement for Unfair Dismissal Due to Employee’s Failure to Mitigate his Loss & Delay in Lodging His Claim

In the recent decision of John Tyrell v Toga Freight Services Ltd, ADJ-00029338, Adjudicator Breffni O’Neill determined that the remedy of instatement was not appropriate in circumstances where the Complainant had delayed five months from the date of dismissal to lodge his complaint with the WRC and also due to his inadequate attempts to mitigate his loss since his dismissal. Therefore, the Complainant was awarded re-engagement as an alternative remedy. Read the full article here.