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reinstatement order

An order made by an *industrial tribunal directing an employer who has unfairly dismissed an employee (see *unfair dismissal) to restore him to his former job (compare *re-engagement order). The employee is to be treated as if he had not been dismissed and is therefore entitled to recover any benefits (such as arrears of pay) that he has lost during his period of unemployment. However, pay in lieu of notice, ex gratia payments by the employer, state unemployment or supplementary benefits, and other sums he has received because of his unemployment will be taken into account. An employer cannot be forced to comply with an order for reinstatement; if he fails to do so, *compensation will be awarded to the employee on the usual principles together with an additional sum.

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