Unjustifiable dismissal

Posted in Human Resource Terms, Total Reads: 904

Definition: Unjustifiable dismissal

Unjustifiable/ unjust/ unfair/ wrongful dismissal is a term in the labour law to describe an act of employment termination or dismissal of an employee, without sound justifiable reasons, or contrary to the legislative laws of the country in which the company operates. Different countries have diverse laws in this regard, but more or less, all the laws tend to favour the employee and protect his interests. The obligation of justifying any dismissal generally lies with the employer.

Being terminated for reasons like discrimination on the basis of gender, race, religion, caste, sexual orientation etc., or for filing a retaliation to discrimination, is treated unlawful. Similarly refusal to commit an illegal act or act not under the purview of the company, if leading to dismissal of an employee, is termed as illegal. The employer is expected to abide by the termination procedures as communicated to the employee under the contract of employment.

Employees may seek redressal under law if they perceive their termination to be illegal. The remedy, if the employee is proved right, may include reinstatement and/ or monetary compensation.


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