Unfair dismissal
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.
Situation per country
Australia
In Australian law, unfair dismissal is 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]
Canada
Labour Law in Canada is regulated by both Federal and Provincial laws. The federal labour law defines the procedures to follow when terminating the employment of federally regulated employees individually or collectively. Part III of the Canada Labour Code protects federally regulated employees, excluding managers, who have completed at least 12 months of continuous employment with the same employer and who are not covered by a collective agreement from unjust dismissal.[3] Unjust dismissal may also include cases of "constructive dismissal" where the employer:
- has not directly fired an employee, but has failed to comply with the contract of employment in some major respect
- has unilaterally and substantially changed the terms of employment
- has expressed an intention to do either of these
France
In French labour law defines in which situations an employee may be dismissed or made redundant. An employee may challenge a decision on the grounds that it was unfair by making a complaint to the employment tribunal.
Namibia
Unfair dismissal in Namibia is defined by the Namibian Labour Act of 2007; the employer has the burden of the proof that a dismissal was fair.[4] 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.[5]
United Kingdom
Unfair dismissal in United Kingdom is defined by the Employment Rights Act 1996.[6] Employees have the right not to be unfairly dismissed (with the exception of a number of exclusions [7]). 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 advice as to the effect of the agreement from a relevant independent adviser, that is a qualified lawyer; a Trade Union certified and authorised officer, official, employee or member; or a certified advice centre worker.[8] [9]
See also
References
- ↑ Arkles, Jessica. "Ms". Consultant. unfairdismissalspecialists. Retrieved 24 March 2014.
- ↑ Dircks, Nick. "Mr". Consultant. Just Relations. Retrieved 9 August 2014.
- ↑ http://www.esdc.gc.ca/en/jobs/workplace/employment_standards/labour/termination.page?
- ↑ "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
- ↑ Dismissal: Your Rights, UK.Gov
- ↑ What is a Compromise Agreement?
- ↑ "Employment Rights Act 1996". www.legislation.gov.uk. Retrieved 2016-05-01.