Terminating the employment relationship is a serious step. In most cases a dismissal is presumed to be unfair unless the employer can show that there were fair grounds for the dismissal.
The law provides protection for employees who have been dismissed unfairly:
- substantial grounds must exist to justify the termination of a contract of employment, and
- fair procedures must be followed in effecting the termination.
In our experience, a great number of dismissals are deemed to be unfair because of the absence of substantial grounds or fair procedures. Many employers with limited knowledge of employment law get themselves into trouble by dismissing an employee without following proper procedures. The Employment Appeals Tribunal has always taken the view that if an employer acts in a manner that is procedurally unfair, the dismissal itself will be held to be unfair.
We can help employees who have been dismissed. We can advise those employees of their likelihood of success in a case for unfair dismissal. Likewise, we frequently help employers who need to effect terminations in the workforce.
If you would like us to assist you, or if you would simply like to have a chat to discuss your options, please don’t hesitate to contact us.