WRONGFUL DISMISSAL

Wrongful Dismissal



Wrongful Dismissal

Wrongful dismissal

Wrongful dismissal refers to the situation when an individual is terminated wrongfully or illegally.

Employment relationships have undergone fundamental changes in recent decades. Whereas job security was once implicit for workers who fulfilled the terms of their employment, the last two decades have witnessed widespread economic insecurity due in part to increased global competition (Rubin, 1998). Employers have predominantly responded to heightened competition by restructuring their operations. Restructuring strategies typically involve massive staff reductions such as downsizing, corporate takeovers and mergers, plant closures and relocations. Such strategies, designed to reduce employment costs (Schai, Pp. 345-63), have effectively dismantled the traditional employment relationship. Although economic restructuring has displaced a wide range of workers in the developed world, the legal implications of these changes have received little research attention.

Termination of employment

Grounds for termination of employment by the employer are set out in Article 26 of the Employment Law "On Labor" and addressed us in his article "What can be dismissed?”. Strictly speaking any dismissal of an employee without his consents on other grounds or in breach of the order and would be illegal (Lind, Greenberg, Scott and Welchans, pp. 557-590).

The most common are the following violations of the law by employers for dismissal:

Dismissal on grounds not specified in law;

Dismissal on the grounds, which had no place in reality;

Indication of a reason to dismissal, than that which took place in reality;

Dismissal without proper documentation of misconduct and a gross violation of work duties (truancy, appearance in a state of intoxication, violation of safety rules, theft, etc.

Failure of a dismissed employee salary arrears under false pretenses;

Dismissal from the wording of the downsizing or staff without real reduction procedures;

Violation of the order to prevent employees of the impending liquidation or termination of the employer, downsizing and staff;

Dismissal for failing a post or work as a result of poor training without the proper certification of the employee;

Dismissal for failing a post or work on health grounds without proper medical clearance (Holloway and Leech, pp. 229-268).

Very often, the employer makes the dismissal on its own initiative, but it offers the employee write a statement about the termination of the employment contract at his own request. Of course, if in fact there has been disciplinary action or dismissal is made by denigrating other explanation for such an entry in the workbook makes sense to agree (Culligan and Amodio, pp. 102-151). But if the dismissal is made under the clearly illegal reasons, in no case do not take this option. With these formulation grounds of termination of employment contract, you essentially reduce the likelihood of judicial protection of the rights. And though, when dealing with such cases, the courts must carefully examine the motives that triggered the filing of a notice of resignation, and, finding that the employer forced the employee to resign from his job, the court must accept the dismissal illegal, such coercion will prove extremely difficult. (Jack and Southren, pp. 45-83)

Valid Reasons for Dismissal

Inability of the employee: It's a case that ...