Post by account_disabled on Dec 7, 2023 4:00:31 GMT
How to handle unjustified dismissal? – table of contents:
Disciplinary dismissal
Unjustified dismissal
Summary
Disciplinary dismissal
Labor laws regulate various forms of termination of B2B Email List employment, such as dismissal by mutual agreement. However, when we talk about wrongful termination of employment, we mean disciplinary dismissal. The reasons for disciplinary dismissal are strictly defined by legal acts.
The employer may terminate the employment contract by disciplinary action due to a serious violation of the employee’s basic duties (e.g., unexcused absence from work, an unjustified departure from the workplace resulting in, for example, a machine breakdown), the commission of a crime by the employee in connection with work (theft, beating a co-worker), as well as a loss of eligibility through the fault of the employee for the work performed (a professional driver loses license for causing an accident under the influence of alcohol).
How to handle unfair dismissal
Unjustified dismissal
We should consider dismissal unfounded if:
The employer cannot provide evidence and irrefutable arguments proving the employee’s guilt.
The employer failed to follow proper procedure, i.e.: the employer did not inform the employee of the charges against him, did not give him an opportunity to give an explanation, did not give him a chance to correct or improve his behavior (except in serious cases of violation of discipline), deprived him of the right to appeal the dismissal.
Disciplinary dismissal
Unjustified dismissal
Summary
Disciplinary dismissal
Labor laws regulate various forms of termination of B2B Email List employment, such as dismissal by mutual agreement. However, when we talk about wrongful termination of employment, we mean disciplinary dismissal. The reasons for disciplinary dismissal are strictly defined by legal acts.
The employer may terminate the employment contract by disciplinary action due to a serious violation of the employee’s basic duties (e.g., unexcused absence from work, an unjustified departure from the workplace resulting in, for example, a machine breakdown), the commission of a crime by the employee in connection with work (theft, beating a co-worker), as well as a loss of eligibility through the fault of the employee for the work performed (a professional driver loses license for causing an accident under the influence of alcohol).
How to handle unfair dismissal
Unjustified dismissal
We should consider dismissal unfounded if:
The employer cannot provide evidence and irrefutable arguments proving the employee’s guilt.
The employer failed to follow proper procedure, i.e.: the employer did not inform the employee of the charges against him, did not give him an opportunity to give an explanation, did not give him a chance to correct or improve his behavior (except in serious cases of violation of discipline), deprived him of the right to appeal the dismissal.