Unfair Dismissal

Two things we hear often are “The company is trying to push me out” and “They are trying to dismiss me”.

Usually the employee has received a letter asking them to attend a disciplinary meeting. It accuses them of misconduct and contains words and statements like “serious misconduct, instant dismissal, loss of trust and confidence or your employment could be in jeopardy.”

Sometimes an employee considers she is being picked on or bullied by the supervisor and believes the supervisor is trying to force her to resign.

In these circumstances it is most important for you to be prepared before challenging as unfair the employer’s actions or answering the accusations.

If you feel you have been unfairly dismissed then you can make your employer  prove that its actions, and how it acted, were what a fair and reasonable employer could have done in all the circumstances at the time of the dismissal. This will involve establishing  it had a good reason to dismiss you and the procedure it followed was fair.

A good example of how the law works is reported in our blog “Zero Tolerance to Violence at Work”.

How we can help

We will assist you by

• Advising you on the law applying to the situation you are facing.
• Where there is a disciplinary meeting, ensuring you obtain all relevant information before the meeting.
• Representing you at the meeting.
• Advising you on the options available to you.

If you would like our help, this is the information we will need

• A dateline of events.
• A description of the issues for you.
• Any witness statements you have obtained.
• Your employment agreement.
• Letters, emails, personal appraisals and other relevant documents.
• Pay slips.
• Your contact details and those of the employer.