Unfotunately the court CAN find that the dismissal's were UNFAIR it cannot find that they were UNLAWFUL, so your argument fails on that point, so re-instatement with full benefits is not a possibility. What the courts will look at is that there has been a disagreement to which 70% of those involved have found a REMEDY and 30% are now being UNREASONABLE but keep funding the action if it makes you feel better !!!