An employee whose contract is terminated without a valid reason may, under certain conditions, seek reinstatement. Missing the time limits results in loss of rights.
Where the employment contract of an employee covered by job security provisions is terminated without a valid reason, the employee may seek reinstatement.
Who is covered?
- The workplace must employ thirty or more employees.
- The employee must have at least six months of seniority.
- The employment contract must be for an indefinite term.
Time limits
The employee must apply to a mediator within one month of being notified of the termination. If no agreement is reached in mediation, a lawsuit may be filed before the labour court within two weeks of the date of the final minutes.
These are strict time limits; once they have passed, reinstatement can no longer be claimed.
This note is for general information only and does not constitute legal advice.