Unlawful dismissal: what you can obtain in court, and how long it takes

A dismissal decision is challenged before the labour division of the tribunal, within 30 calendar days of service. The proceedings are exempt from court stamp duty, which means the only real cost is the lawyer's fee.

The burden of proof is on the employer

This is the feature that changes the balance entirely in employment disputes: the employer must prove that the dismissal was lawful and well-founded. You are under no obligation to demonstrate that it was not.

Moreover, the employer cannot raise in court any grounds other than those stated in the dismissal decision. If the decision is drafted carelessly, the reasoning cannot be supplemented later.

What can be obtained

Annulment of the decision. The direct consequence of a successful challenge.

Reinstatement in your former position. Ordered only if you expressly request it — the court will not grant it on its own motion.

Damages equal to the indexed, increased and updated salaries and the other entitlements you would have received, calculated from the date of dismissal until actual reinstatement. In practice, the period you spent out of work is covered.

Moral damages, where you can prove consequences going beyond the financial loss — for example, a dismissal carried out in humiliating circumstances with a demonstrable effect on your health.

The most frequent grounds of nullity

• No prior disciplinary investigation before a dismissal for misconduct.
• The decision omits the factual and legal grounds, the deadline and the court where it can be challenged — mandatory elements, required on pain of nullity.
• Dismissal for redundancy where the position is not genuinely abolished and the cause is neither real nor serious (the role reappears shortly afterwards under a different name).
• Missed deadlines: 30 days from becoming aware of the misconduct and no more than 6 months from when it occurred.

How long it takes

At first instance, 6–12 months on average. The tribunal's judgment is enforceable by operation of law, meaning it can be enforced even while the employer appeals.

What to do now

Keep the dismissal decision, the envelope showing the service date, your employment contract, any addenda and all correspondence with the employer. Do not sign a termination-by-agreement document without prior analysis — signing effectively closes the door to a challenge.