Chapter

The Search for Legal Guarantees of Job Security

Hugh Collins

in Justice in Dismissal

Published in print April 1992 | ISBN: 9780198254355
Published online March 2012 | e-ISBN: 9780191681479 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198254355.003.0008

Series: Oxford Monographs on Labour Law

The Search for Legal Guarantees of Job Security

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This chapter discusses a possible shape of any practical remedial system for unfair dismissals. There are two questions that are raised in this chapter: For reasons of justice, should reinstatement be the normal remedy for unfair dismissal? Why did the apparent legislative intention to make reinstatement the normal remedy fail so spectacularly? Part of the discussion in this chapter examines the foundations of the intuition that supports reinstatement as the primary remedy. This is to test them against the justifiable goals that the remedial system should pursue.

Keywords: practical remedial system; unfair dismissals; reinstatement; legislative intention

Chapter.  15236 words. 

Subjects: Employment and Labour Law

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