What is classed as unfair dismissal?

• exercising any of the rights given by the LRA or participating in proceedings in terms of the Act.
• taking part in lawful union activities.
• taking part in a legal strike or other industrial action or protest action.

• Reinstatement, which is arguably the primary remedy for unfair dismissal. ...
• Damages in lieu of reinstatement is a remedy available to an employee whose employer does not want to re-employ the unfairly dismissed employee. ...
• Back pay.

What are the 5 fair reasons for dismissal?

How do you prove unfair dismissal?

To prove that a dismissal was automatically unfair, the reasons that prompted the employer to dismiss the employee must be identified and it must be established that the employer was motivated by one or more of the reasons listed to get rid of the employee.

What are Sackable Offences?

Examples of sackable offences

Aggressive or intimidating behaviour at work. Dangerous horseplay in the workplace. Indecent or abusive behaviour in the workplace. Discrimination or harassment of another employee. Serious insubordination in the workplace.

What is classed as gross misconduct?

Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination. With gross misconduct, you can dismiss the employee immediately as long as you follow a fair procedure.

What steps can an employee take if unfairly dismissed?

If a dismissal is determined to be unfair, the employee may be reinstated, re-employed, or receive financial compensation. The dismissed employee is likely to receive compensation if: The employee does not wish to be reinstated.

Is it worth going to employment tribunal?

If you have a strong case, it's always worth making an employment tribunal claim. Applying doesn't cost anything, and the compensation you can receive is significant.

Does dismissal affect future employment?

Being dismissed from employment is not a legal matter, so you do not need to disclose it to future employers. However, the risk is that they may find out from someone else later down the line.

What percentage of unfair dismissal cases won?

80% of Unfair Dismissal cases are won by employees, such as you, because the employer has not followed fair procedures.

Is unfair dismissal hard to prove?

Constructive dismissal is an exceptionally difficult area of law to prove beyond question, relying on a good deal of substantive evidence to support a claim.

Under what circumstances might an employee be considered to be unfairly dismissed '?

Unfair dismissal is when an employee is dismissed from their job in a harsh, unjust or unreasonable manner. The Fair Work Commission may consider an employee has been unfairly dismissed if: the person was dismissed. the dismissal was harsh, unjust or unreasonable.

When can an employee be fairly dismissed?

Fair procedure must be complied with for dismissal to be fair”. In order for dismissal to be fair, both substantive and procedural fairness must be complied with. Failure to comply with either or both, will result in the dismissal of an Employee being deemed unfair.

Can you get a warning for gross misconduct?

In all but the most extreme cases of misconduct – termed gross misconduct – an employee is unlikely to be subject to dismissal for a first offence at work. Instead, they will be entitled to receive one or more warnings prior to termination of employment.

How do you prove gross misconduct?

What are examples of misconduct at work?

Can I be sacked without a written warning?

'Summary dismissal' is dismissal without notice and is only allowed for 'gross misconduct'. This is where a situation is serious enough for your employer to dismiss you without warning (for example, for violence).

Can my boss just fire me?

Your employer is allowed to dismiss people, but if they do it unfairly you can challenge your dismissal. To find out if your dismissal is unfair, you'll need to check: what your 'employment status' is - your rights depend on whether you're an employee or not.

What are examples of serious misconduct?

Some examples of serious misconduct are theft; fraud; assault; discriminatory conduct; harassment; being intoxicated at work; refusing to carry out lawful and reasonable instruction that is consistent with the employee's contract of employment; failure to observe safety and specified work practices to just name a few.

Who has burden of proof in unfair dismissal?

The standard of proof for an unfair dismissal claim differs to the standard for a criminal trial. In a criminal trial, the prosecution must prove Beyond a Reasonable Doubt that the accused committed the crime. The standard for proving this is usually a 98-99% probability that the accused is guilty.

What are you entitled to when dismissed?

Generally, upon resignation or dismissal, an employee is entitled to be paid the notice pay where applicable, salary up to last day worked, plus any outstanding leave pay.

On what grounds can you dismiss an employee?