Unjustifiable Dismissal

Posted in Human Resources Terms, Total Reads: 2216

Definition: Unjustifiable Dismissal

Unjustifiable dismissal or 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 regarding unjustifiable dismissal, 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.


Importance of Unjustifiable Dismissal

Being terminated for reasons like discrimination on the basis of gender, race, religion, caste etc., or for filing a retaliation to discrimination, is treated unlawful under unjustifiable dismissal. 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. This is also known as unfair dismissal at times. 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.

Hence, this concludes the definition of Unjustifiable Dismissal along with its overview.

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