Section 93, The Employment Act, 2023

(1) Where an employee is dismissed and the dismissal isan unfair dismissal, the employee shall be entitled to redress consisting of whichever of the following the Commissioner or the High Court, as the case may be, considers appropriate having regard to all the circumstances - (a) re-instatement by the employer of the employee, where the employee so elects, - (i) in the position which he held immediately before his dismissal; (ii) on the terms and conditions on which he was employed immediately before his dismissal; and (iii) together with a term that the reinstatement shall be deemed to have commenced on the day of the dismissal, or (b) re-engagement by the employer of the employee either in the position which he held immediately before his dismissal or in a different position which would be reasonably suitable for him on such terms and conditions as are reasonable having regard to all the circumstances; or (c) payment by the employer to the employee of such compensation as shall be reasonable in respect of any losses or damages incurred by him and attributable to the dismissal as is just and equitable having regard to all the circumstances including, actual loss and estimated prospective loss of income attributable to the dismissal and the value of any loss or diminution, attributable to the dismissal, the rights of the employee, or in relation to superannuation. (2) In determining the amount of compensation payable under paragraph (c) of subsection (1), regard shall be had to - (a) the extent, if any, to which the losses or damages referred to in that subsection was attributable to an act, omission or conduct by or on behalf of the employer or on behalf of the employee; (b) the measures, if any, adopted by the employee or, as the case may be, his failure to adopt measures, to mitigate the loss; and (c) the extent, if any, of the compliance or failure to comply by the employer or employee with any procedure or code of practice relating to dismissal; (d) the impact of the unfair dismissal on the employee’s career progression.