Unjustified Dismissal

Unjustified Dismissal : Employees are seldom dismissed appropriately.

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Your employer can’t just get rid of you because they don’t like you, nor can they dismiss you because of a ‘poor cultural fit’ or even because they think your performance should be better.

Employers need good reasons to dismiss an employee, for example:

• Breaching a condition of their contract; or

• Serious misconduct; or

• Sustained  and recidivist misconduct; or

• Criminal behaviour; or

• Bullying / harassment.

Even on these grounds, the employer must show that these concerns are justified or the dismissal may be unjustified.

Importantly, employers need to conduct dismissals and disciplinary procedures in a proper and unprejudiced manner.  Employees who believe they have been unjustifiably dismissed may make a request (within 60 days) for an explanation of their dismissal and the employer must respond within 14 days.

Employees should be aware of prejudicial disciplinary procedures that are fronts for unjustified dismissal or constructive dismissal, such as the (now infamous) Performance Improvement Plan.  If you have undergone a PIP or other ‘performance management’, it is likely your employer has already made the decision to dismiss you without proper justification and is now manufacturing evidence, while simultaneously pressuring you to leave of your own accord.

If you think you have been, or will be unjustifiably dismissed contact us for a no obligation chat.