In short: a reinstatement claim requires a workplace with at least 30 employees, six months' seniority, an indefinite-term contract and a termination without valid reason. An application to a mediator must be made within one month of the notice of termination.
Who may bring a claim
To benefit from job security: the workplace must employ at least 30 people; the employee must have at least six months' seniority; the contract must be of indefinite duration; and the employee must not hold the position of employer's representative. An employee meeting these conditions may be dismissed only for a valid reason.
Valid reason and just cause
A valid reason arises from the employee's capability or conduct, or from the requirements of the business, such that continuing the relationship cannot reasonably be expected of the employer. Just cause refers to more serious breaches permitting immediate termination. Notice of termination must be in writing and state the reason clearly; where the ground is conduct or capability, the employee's defence must be taken.
Time limits and mediation
The employee must apply to a mediator within one month of service of the notice of termination; this is a strict deadline. If no settlement is reached, proceedings must be brought before the labour court within two weeks of the final mediation record.
Consequences of success
If the court finds the termination invalid, the employee must apply to the employer within ten working days of the judgment becoming final. If the employer does not reinstate the employee within one month, it becomes liable to pay compensation for failure to reinstate of between four and eight months' wages, together with up to four months' wages for the period during which the employee was out of work.
Practical guidance
Keep the notice of termination and proof of its service, retain copies of any defence records, and obtain legal advice immediately after dismissal so that no deadline is missed. For employers, properly documenting the termination process is the single factor that most often decides the outcome.