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Unfair dismissal remedies: Failure to explain re-employment does not nullify award

This report relates to 1 case(s)

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    Cowley v Manson Timber Ltd [1995] IRLR 153 CA (0 other reports)

The fact that an industrial tribunal neglects its statutory duty to explain the remedies of reinstatement and re-engagement to an unfairly dismissed employee and to investigate his or her wishes does not necessarily mean that its decision on compensation is a nullity, holds the Court of Appeal in Cowley v Manson Timber Ltd. The key question is whether, in the circumstances, the tribunal's failure to give the explanation leads to the possibility of injustice or unfairness.