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What is unfair dismissal?

Unfair dismissal arises when an employee is let go from their position without just cause or without adherence to the correct protocol.


Brian AJ Newman LLB Chief Executive Officer

This principle is upheld in numerous legal systems to shield workers from unwarranted or inequitable job terminations.


Essential elements of unfair dismissal are:

1. Grounds for Dismissal: A termination is considered just if there's a genuine reason tied to the employee's abilities or behavior or due to the company's operational needs. Persistent underperformance, behavioral issues, or job cuts are often seen as legitimate grounds for dismissal.

2. Adherence to Protocol: Even with a genuine reason, the employer is obligated to ensure a just process when letting an employee go. Typically, this involves notifying the employee about the reasons behind their termination, allowing them a chance to present their side, and weighing their defense.

3. Notification Duration: Typically, workers have the right to either a notice duration or a monetary settlement in place of this notice, except in cases of grave misconduct.

4. Prohibited Grounds: Letting an employee go based on prejudiced factors (like ethnicity, gender, age, or disability), retaliating for claiming a worker's right (such as availing maternity benefits or highlighting workplace issues), or on petty grounds is usually seen as unjust.

5. Legal Recourse: An employee deemed to have faced unfair dismissal could be eligible for legal remedies, which might comprise monetary compensation, reappointment to their position, or both.


It's pivotal to note that the specifics of unfair dismissal differ across regions and countries.


Understanding the intricacies of unfair dismissal in a specific locale requires a thorough exploration of its labor laws.


If you need assistance or advice about your specific circumstances, concerning unfair, this metal call 1800238622 for a free consultation.

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