Every year, there are thousands of people who lose their jobs. Unfortunately, many employers get away with unfair dismissal, which is a violation of the employment law in some countries. The majority of people find themselves without work and wondering what to do next.
This article will explain what unfair dismissal is and why it’s important for you to have an employment and unfair dismissal lawyer on your side when you need help!
What is Unfair Dismissal?
Unfair dismissal is when an employer fires a worker without following appropriate rules or procedures, including the employment law. There are many reasons why this can happen; sometimes it’s because of misconduct, poor economic conditions, downsizing, restructuring, reorganization, or major changes to company practices and policies that affect workers in different ways. The most important thing for you to keep in mind is that there are things you need to be aware of so they don’t cost you your job!
When someone has been working with an employer for more than one year at a time (sometimes two years), then their contract automatically becomes permanent – meaning they cannot just fire them at any time without giving notice. They must give employees 30 days’ written notice if possible as well as two weeks’ pay.
If the dismissal is due to misconduct, this can be a case for unfair dismissal if it’s not justifiable or reasonable with regard to that particular person and their employment history. This might include making false accusations of theft without any other supporting evidence or misuse of company property.
Employees have the right to make 100% free phone calls within Australia during work hours; employers may record these conversations but cannot listen in on them without permission from either party involved in the call.
An employee has rights when faced with random drug testing by an employer. They must provide you notice at least five days before they will start conducting those tests so you know what kind of substance abuse program you’re participating in (if you’re asked to participate).
In some situations, an employer can fire you for a “good reason” or “sufficient cause.” This is when the employee has been late to work too many times without any excuse and it reflects badly on their productivity. But if they have a good attendance record otherwise then this might not be enough of a reason.
If your dismissal was due to poor economic conditions – like loss of clients or failing in business – then there may still be grounds for unfair dismissal since these are usually temporary circumstances that could change again later on.
You also need to know what constitutes misconduct so that you aren’t unfairly dismissed by being accused falsely! It’s important that you understand how employers come up with reasons for dismissals so that you can protect yourself.
There are many ways to go about fighting an unfair dismissal – and this is when it’s important for you to have a lawyer on your side! Your employment law should answer these questions: what qualifies as misconduct, how long do employees need to work with their employer before they get more protections under the law? What does “reasonable notice” mean? If your company downsizes or restructures then will you be eligible for bankruptcy protection from financial damages in order to survive while looking for another job? These types of laws vary around the world so make sure that if something happens where there might be grounds for a lawsuit, don’t delay getting advice from someone who knows the employment laws well!
There may also be cases where you’re dismissed unfairly due to discrimination because of your race, gender, or disability. This is why we need employment law and it’s important that you know what those laws are if there ever comes a time when they might protect you!
You can also get assistance from the ACAS who will help resolve many disputes without going all the way through litigation – which should always be your last resort in any case.
There may be times where an employer does not have enough evidence of misconduct but still needs someone gone so they make something up instead – like accusing them falsely for theft. If this happens to you then don’t keep quiet about it even though employers often do their best to intimidate employees into submission out of fear of losing their jobs.
Conclusion
Employers are not allowed to dismiss an employee on the spot without first giving them notice or a chance to defend themselves according to employment law, even if it is for misconduct (which could be anything from stealing company property or making false accusations). They also must give 30-day written notice, as well as two weeks, pay before dismissal can take place – unless there’s a very good reason for immediate termination.
An employer should always provide you with this information in writing and make sure that they follow these guidelines: don’t just say “we’re downsizing” because your employees have rights when faced with unfairness happening at work! It might happen that dismissing someone unfairly isn’t evidence of bad economic conditions but instead discrimination due to their gender, race, or disability.
