Not only is wrongful dismissal unfair it is also illegal and can lead to the employer being sued. So, if you have been the victim of unfair dismissal, you may want to consider taking legal action. If you are a former employee who has been greatly mistreated or illegally laid off from your job, you may have a strong case. However, you should quickly make up your mind with regards to filing a case against your employer. This is because unfair dismissal cases must be commenced within 6 months of your dismissal. But, what qualifies as an unfair dismissal and how do you go about filing one? Read the points below to get clear answers to these questions.
What Is Unfair Dismissal?
Legally, employers have the right of dismissing their employees with most cases warranting prior notice while in some special instances the boss does not have to give notice. However, when there is no justifiable reason behind the termination then it becomes a wrongful dismissal. The termination of a job is considered unfair if:
- You have been fired without being given a genuine reason.
- Your employer has fired you without following the legal channels that comply with your employment contract and the law.
- You were not given a chance to defend yourself if there has been a complaint lodged against your working capacity or conduct.
- You are not allowed to return to work after being out on a maternity or paternity leave or injury recovery time that you are entitled to.
- You are fired for joining a trade union.
- Your employer bluntly refuses to have a support person present to assist in any discussions related to dismissal.
- You were not properly warned when the reason behind the dismissal is related to unsatisfactory performance.
Ways Of Filing A Wrongful Dismissal Claim
The ways in which you file a wrongful dismissal claim depend on whether or not you are covered by the national workplace relations systems or an employment tribunal. If you are covered, then your claim must first be brought to the attention of the employment tribunal or the fair work commission within a period of 3 months prior to the date of your termination. The tribunal or commission will then study your case to determine your eligibility before making a formal complaint against your employer.
If you are not under the protection of any trade union, employment tribunal, or work commission then you will have to sue your employer under the state legislation where you will have to hire the services of a qualified lawyer. Whichever option you go with when filing for a wrongful dismissal claim, you must have worked for your employer for a continuous period of 12 months and must be below the normal age of retirement.
During the hearings of your dismissal case you are required to present evidence just like in a normal court case. Should your employer be found guilty after the conclusion of your case, you will be paid compensational damages and possibly reinstated to your former position.
This article was written by Douglass McKenzie, an author whose articles focus on solving various issues through legal means. If you are looking for a lawyer to help in your wrongful dismissal case Douglas recommends you try the DJP Solicitors.