In this corporate world both employers and employees have a hard time in sorting out issues related to work. Though organizations dedicate departments to handle human resources issues, some employees face the brunt of problems with their employers owing to certain events. Most employers resort to firing their employees as an instant solution to problems of different kinds.
Though there are labor laws in place which have been framed keeping the welfare of employees in mind, contracts and agreements which the employee signs with the employer makes it difficult for the employee to get a fair deal. For more inforemation regarding labor laws, it is very important to consult with employment lawyers in Hawkes Bay.
An unfair dismissal, in simple words, is terminating the employment contract of an employee, or the employee terminating the contract due to the employer’s conduct. The reason for the dismissal may or may not be stated. One should note that the dismissal in itself cannot be prevented. One is given an opportunity to question the dismissal on the grounds of fairness. The employee can move court demanding for either compensation, or reinstatement, or both. In order to justify their action the company would need to produce substantial evidence. If they do fail then the dismissal is proved unfair.
Certain reasons would automatically come under premises for unfair dismissal
Religion, politics and race
Discrimination of an employee owing to the fact that they follow a particular faith or practice a particular religion would be considered unfair. People are allowed to have individual political opinions and a dismissal cannot be based on having one. People belonging to a particular race or a member of the traveler community cannot also be dismissed for that reason. Sexual orientation is also on the list.
Pregnancy and everything related
It is a well known fact that pregnancy would warrant expectant mothers schedule appointments and take leave periodically. Some days would be there when they would call in sick. After that they would be on leave for a long time for child birth and care, and so on. This would lead to disruption of workand hence many companies look for ways to fire such employees.
If an employee discloses under protection which is covered by the Protected disclosures Act of 2014 orIf an employee testifies against the employer or is a witness against an employer then they are dismissed. Availing different kinds of leave like adoption leave, parental leave, carer’s leave and so on.
If an employer states any of the above reasons then the employee can rest assured that their claim would indeed be in their favor and the dismissal would be termed an unfair dismissal.