Unfair dismissal

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Unfair dismissal is a term in labour law to describe an act of employment termination without good reason, or contrary to the country's specific legislation.

Situation per country[edit]

Australia[edit]

Unfair dismissal in Australia is the term used to describe a dismissal that is considered "harsh, unjust or unreasonable" under section 385 of the Australian Fair Work Act 2009.[1]
Employees who consider they have been unfairly dismissed may seek compensation and/or reinstatement in a claim to the Fair Work Commission.[2]

Namibia[edit]

Unfair dismissal into Namibia is defined by the Namibian Labour Act of 2007. The burden of the proof that a dismissal was fair lies with the employer.[3] Explicitly listed as cases or unfair dismissal are those due to discrimination in terms of race, religion, political opinion, marital or socio-economic status, as well as dismissals that arise from trade union activities. Any termination of employment that does not give any valid and fair reason is automatically assumed unfair.[4]

United Kingdom[edit]

Unfair dismissal in United Kingdom is defined by the Employment Rights Act 1996.[5] Employees have the right not to be unfairly dismissed. Following discussions with an employer, an employee can agree not to pursue a claim for unfair dismissal if they agree to a Settlement Agreement (historically a Compromise Agreement). For a Settlement Agreement to be binding the employee must have taken legal advice from a Solicitor.[6]

See also[edit]

References[edit]

  1. ^ Arkles, Jessica. "Ms". Consultant. unfairdismissalspecialists. Retrieved 24 March 2014. 
  2. ^ Dircks, Nick. "Mr". Consultant. Just Relations. Retrieved 9 August 2014. 
  3. ^ "Namibia Labour Law. Unfair Dismissal". HR@Work. Retrieved 3 May 2012. 
  4. ^ Promulgation of Act of Parliament #11 of 2007, Labour Act, 2007. Government Gazette of the Republic of Namibia 3971. Office of the Prime Minister. 31 December 2007. pp. 40–41. 
  5. ^ Employment Rights Act 1996, full text
  6. ^ What is a Compromise Agreement?

External links[edit]