Why Is Dismissal Is Unfair

The company has the right to terminate an employee as long as the termination does not discriminate or

Employers have to be extremely careful in the way that they handle grievances. . If problems arise, the procedure that the employer adopted may be subject to close scrutiny by the employment tribunal.

In a wrongful termination case, the terminated employee must prove more than having been treated unfairly, s/he must be able to prove one or more of his/her legal rights were violated” (Wrongful Termination Website, 2011). Employees in many states are at a disadvantage, possessing few rights, because of the employment at will rule, meaning employers can fire employees at any time and for no reason at all, just like employees can quit any time and for any reason. This makes the definition of wrongful termination extremely narrow.

Given the culture these days of “No Win - No Fee” solicitors, the majority of employers have legal expenses cover that allows them to be guided through all employment issues by professionals who have the expertise in employment law. Owners/managers are advised to use this service for even the smallest employment issue as not following due process can prove costly for employers. In addition, these experts and the advice they give are non-biased and in accordance with current employment legislation.

There are a number of commonly accepted rules to whether an employer has used ‘just cause’ in the cases of discipline and discharge. Management feels that there is without question just cause in this case. According to the textbook chapter 9

2. How to ensure that the dismissals are fair and the importance of this to both the employer and employee.

The case shown to the court, shows Mr Blyth’s dismissal was not unfair as he did not follow the Safety policies of JBS Australia. The Fair work Commission have many aspects of law to consider before deciding if the dismissal was unfair. The case was brought to the commission within the 21 day period. The Fair Work Act 2009 shows that this case was not a harsh dismissal due to the fact that they followed all the points in s.387. There was a valid reason for dismissal, Mr Blyth was notified of the safety, there was an opportunity to respond, there was no unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussion related to dismissal, Mr Blyth did not relate the dismissal to unsatisfactory

dismissed with prejudice during that last hearing, without any extra trial or fees, if Charter agrees. Charter’s lawyer said to submit to Charter a request for dismissal with prejudice. Charter said they will only dismiss with prejudice if Plaintiff signs the agreement. Plaintiff refused to sign, because signing would give up his rights and say Charter did no harm, which is false. SEE EXHIBITS “21,” “22,” “23,” & “24.”

A dismissal is fair or unfair depending on: the employers' reason for it and how they act during the dismissal process.

Academics such as Honeyball claim that dismissal under redundancy is just a ‘cloak on reality to be rid of certain employees.’ In part this can be true, as this is the most common reason for dismissal and the employment tribunal gives a wide scope for employers to make redundancy dismissals. If the law is followed correctly as established in Williams, and the employer gives as much warning as possible, consults with the employee or has a fair selection criteria then they can succeed here. This is problematic because there is no possible way to tell whether or not the employer is actually using redundancy as a cover up for their real intentions. Also the employer only has to follow one of these procedures set out in Williams and will generally have a higher chance of succeeding if he can show he consulted at the earliest time possible. However redundancy has been expanded recently, this potentially adds a further element of protection which previously wasn't recognised. Looking at recent case of Fauchon, it was held that an employee who had been dismissed because their employer had a downturn in work, which led to a reduced hours of work, was a dismissal by reason of redundancy. Even though there was no reduction in the number of employees required, this certainly is a change for the better in furtherance of protecting employees from unfair

• Harassment. • Breach of legal right/contract. Less formal system to hear cases – application and hearing fee. • Can also hear wrongful dismissal as a breach of contract cases (up to £25k). • 24 months service for unfair dismissal, no service for discrimination 3 months to make the claim (6 months equal pay).

The aim of these Acts is to protect employees from being dismissed unfairly. The Acts set out reasons that are deemed unfair to dismiss a person. Employees can take an unfair dismissals case against an employee once they are over 16, and have been employed continuously for one year.

When terminating an employee, it is justifiable the proper grounds for termination. Terminating employees should not be bias but based off an employee’s performance, capabilities, and complying with companies’ rules and regulations. Wrongful Termination Law and “Uniform Guidelines on Employee Selection Procedures”, is improvised to protect employees from any unjust dismissals by an employer, According to Gerhart, Hollenbeck,

The statutory claim for unfair dismissal recognises that the common law cannot give adequate protection to the employees through the contract of employment, in that wrongful dismissal claim depends upon a breach of contract of the employment, usually in the form of inadequate notice being given by the employer. Many dismissals can be considered unfair that do not amount to the breach of the contract, for the wrongful dismissal claims look not to intention, motive, or the effect on an employee of a termination of the relationship nor to the procedural protections, but merely to the form of in which that relationship has been brought to the end. This paper will compare and contrast the different area between wrongful dismissal and unfair dismissal.

If the employee has received a final written warning, further misconduct or unsatisfactory performance may lead to dismissal. In cases of Procedural Dismissal, an employee will receive the appropriate notice or payment in lieu of notice. In cases of