Contrary to popular belief, an unfair dismissal from one’s workplace is not the same as a wrongful dismissal. Wrongful dismissal is defined as a dismissal that is in violation or breach of an employment contract, whereas unfair dismissal is not. Of course, both of these types of dismissal from employment have the same consequence by causing the person to face unemployment. In these situations, it is important to contact unfair dismissal lawyers Melbourne specialist who can assist in dealing with the wrongful or unfair dismissal issues. This article will discuss the issue of unfair dismissal so that you are informed regarding the case when contacting an employment attorney.
A dismissal from employment can be considered as unfair if the dismissal was conducted even though the employee did not present with any problems with regards to the performance of their work. Furthermore, the dismissal can be considered as unfair if the employer is dismissed with the employer following specific dismissal regulations set up either by the employment contract, the trade union regulations, or the redundancy dismissal regulations according to state legislature. Of course, there are certain automatic reasons for filing a claim with an employment tribunal regarding unfair dismissal, such as pregnancy and the need to take maternity leave.
Just as unfair dismissal is not the same as wrongful dismissal; it is not the same as a fair dismissal. Unlike unfair dismissal, fair dismissals can fall into different categories including the following:
– the use of drug and alcohol when working
– poor attendance at work or failure to appear at one’s place of employment on time
– poor levels of discipline
– an inability or refusal to maintain updated knowledge of technological advancements in the industry
– a refusal to undergo training for employment purposes
– theft at the place of employment or presentation of illegal acts
Automatic dismissals from one’s place of work can also be considered as presenting with unfair dismissal issues. This is possible if it is proved that the individual chose to request for or take action involving one of the statutory employment rights, such as serving jury duty, requesting maternal or paternal leave, requesting flexible working hours, and requesting or arrangement of guaranteed pay when work is unavailable.
If the employee faces dismissal for any of the stated reasons, and there are several additional reasons that are not mentioned here, it is easy to consider the automatic dismissal to be unfair. Of course, the actions must be documented as proof of unfair dismissal with explicit notes regarding times of conversations and conversations. If, however, the individual did not expect to be dismissed for the mentioned reasons and they did not document the actions of their employer to prove the claim it may seem that the employee merely disliked their job and is taking an unsubstantiated defense.
Redundancy is another form of employment dismissal that can be deemed as unfair in the manner whereby employees are chosen for dismissal. For redundancy to be fair it must be objective and based on evidence instead of the employer deciding he or she wishes to dismiss a certain employee. In many cases, an unfair dismissal per redundancy will result in focus on redundancy payments or redundancy notices.