How can employees be dismissed lawfully?
The dismissal can only be for a fair reason if: • It relates to the employee’s conduct. • It relates to the employee’s capability or qualifications. • It is because of redundancy. • It is because the employee has reached the normal retirement age. • Continuing to employ the employee would be illegal – for example, as a result of their immigration status. • It is for “some other substantial reason” (SOSR). This is understood to be a fair reason that does not fall under the other categories. For example, the dismissal of a temporary employee to allow for the return of an employee who has been on maternity leave is likely to be a dismissal for SOSR. A dismissal for any other reason would be unfair. Generally, employees must have been employed for one year before they can bring a claim for unfair dismissal. However, certain types of dismissals are deemed automatically unfair and employees are protected as soon as they start work. These include dismissals for reasons connected to pregnancy,
Related Questions
- Many states allow officers to be excluded or have a minimum number of employees before I am required to buy Workers’ Compensation Insurance. Do these follow through to Longshore?
- If a representation application is dismissed, does the current representative of the craft or class of employees lose its representation rights?
- Can the union or employees who support it lawfully threaten or force me to vote a certain way in the election?
