What is the primary condition for granting a re-engagement remedy?

Study for the ICAEW ACA Certificate Level - Law Test. Dive into multiple choice questions and detailed explanations to prepare effectively. Get ready for your exam!

The primary condition for granting a re-engagement remedy is that it must be practical and the employee wants it. This is because re-engagement is intended to restore the employment relationship when it is deemed feasible to do so. It relies heavily on the willingness of the employee to return to the workplace and suggests that both parties should be amenable to making the employment relationship work again.

For a re-engagement remedy to be granted, the practicality of the situation is a key factor. This means that the employer must have the capability to reintegrate the employee into their workforce without significant disruption or difficulty. Additionally, it is imperative that the employee is in favor of this remedy; forcing someone back into a reluctant work environment would not serve the purpose of remedying the previous dismissal.

In considering the other options, while the employee can request re-engagement, mere request does not guarantee its practicality or desirability. Approval from the employer is also a vital step in the process, but that approval is contingent upon the practicality discussed. Lastly, a time constraint of 30 days is not a general requirement for re-engagement and thus does not serve as a primary condition in assessing re-engagement remedies.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy