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
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.
Employees who consider they have been unfairly dismissed may seek compensation and/or reinstatement in a claim to the Fair Work Commission.
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. 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.
Unfair dismissal in United Kingdom is defined by the Employment Rights Act 1996. Employees have the right not to be unfairly dismissed (with the exception of a number of exclusions ). 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.
- Arkles, Jessica. "Ms". Consultant. unfairdismissalspecialists. Retrieved 24 March 2014.
- Dircks, Nick. "Mr". Consultant. Just Relations. Retrieved 9 August 2014.
- "Namibia Labour Law. Unfair Dismissal". HR@Work. Retrieved 3 May 2012.
- Promulgation of Act of Parliament #11 of 2007, Labour Act, 2007 (PDF). Government Gazette of the Republic of Namibia 3971. Office of the Prime Minister. 31 December 2007. pp. 40–41.
- Employment Rights Act 1996, full text
- Michael Lewin Solicitors
- What is a Compromise Agreement?