Unfair Dismissal

If you have lost your job and you believe it may have been due to unfair circumstances, don’t just accept it! Every worker has the right to be treated fairly in his or her job and the same rules apply when an employee is asked to leave their position.

When is it fair?

A dismissal is generally considered fair if there is a valid reason for the dismissal, such as:

  • Any unreasonable refusal by the employee
  • Unsatisfactory performance by the employee
  • Harmful, violent or abusive behaviour towards other workers
  • If the employee had received numerous warnings about an issue but did not rectify the problem
  • If the company is closing down or experiencing severe financial difficulties
  • The employee has breached the company’s policy in some way

When is it unfair?

A dismissal is generally considered unfair if there is not a valid reason for the dismissal or the dismissal is harsh, unjust or unreasonable, such as:

  • Discrimination against the employee
  • Was not a case of genuine retrenchment or redundancy
  • The employee has been accused of an transgression without evidence
  • While the points above give a general idea of the difference between a fair and unfair dismissal, every situation is different and yours may be very to the above points. If you believe you have been unfairly dismissed you should: