WHAT IS UNFAIR DISMISSAL?
While dismissal from work is one of the major disciplines employers use to ensure sanity at the workplace, some of these dismissals breaches the employment contract and goes beyond the general employment law. The sad part is that many employees, for fear are not able to voice their discomfort so that employment law solicitors can help them.
Many employees simply feel timid and shy to talk about this discriminatory treatment at the workplace. They complain to their fellow workers to breathe a sigh of relief, but they simply do not take any real legal action by consulting employment law solicitations. The situation grows worse to the extent that their employer dismisses them unfairly.
Some of these workers go home to cry instead of fighting for their rights and responsibilities. While constructive dismissal is not as strong as unfair dismissal, the latter is unlawful and deserves legal redress to deal with the issues.
What Is Unfair Dismissal?
Business Dictionary defines an unfair dismissal as “Termination of a contract of employment for unfair or inadmissible reasons. When challenged in a court, the employers must establish that the dismissal was based on a substantial reason such as gross misconduct, lack of qualification, incapability to perform assigned duties, or redundancy. In such cases, the courts usually take the employee’s statutory rights into consideration.”
Unfair dismissals generally breaches the contract of employment stated at the commencement of the employee’s job or the general public policy. Employees are dismissed from their job in a harsh, unjust and unreasonable way which frowns against the general employment laws.
Conditions the Defines Unfair Dismissal
For you to know your rights and responsibilities, you have to know what you can be fired for and what can generally not be fired for. This will help you to always keep on guard. And if you realize your employer is behaving unreasonably towards you, consider talking to employment law solicitors.
The following are the main things that your employer can’t dismiss you for:
- 1.Being a member of the union (or not being a member of the union)
- 2.Being absent from work because you were sick, injured or had an accident.
- 3.Being absent from work because you were on a sick leave.
- 4.Being absent from work because to engage in a voluntary emergency management activity.
- 5.Being absent from work because you were on maternity leave.
- 6.Being absent from work because you were on your honeymoon (with permission asked).
- 7.Refusal to condone or take sides with people taking industrial action.
- 8.Taking court action against employer’s misconduct.
- 9.Making complain about your employer to your employment law solicitor.
- 10.Refusal to have a sexual affair with your employer
- 11.Refusal to accept the proposal of your employer
- 12.Due to your race, sex, age, marital status, family background and political affiliation.
It is very important that you know your rights and responsibilities under the employment law. On the contrary, if you engage in activities that breaches the corporate code of conduct, your termination will be lawful and you can’t make any appeal for redress.