Unjustified Dismissal

If you have been unjustifiably dismissed from your employment we offer sensible advice, support and effective representation in order to remedy the situation.

The matter may be resolved informally between the parties, at mediation or at a hearing before the Employment Relations Authority

If you bring a personal grievance for unjustified dismissal, the Employment Relations Authority will decide the case objectively, by looking at whether your employer’s actions were what a fair and reasonable employer could have done in the situation.

This includes looking at whether:

• your employer had a good reason for dismissing you (this is called “substantive fairness”), and

• your employer followed a fair process in dismissing you (“procedural fairness”).

There can be many valid reasons for dismissing an employee. Whether or not a reason is substantively fair will depend on the particular circumstances.

Reasons for dismissal can generally be grouped into two categories:

• serious misconduct – this will justify immediate (“summary”) dismissal, or

• less serious misconduct – in these cases your employer will usually have to give you warnings and an opportunity to change your conduct or to improve your performance before you can be justifiably dismissed

Examples of serious misconduct may include the following:

• Fighting and assault .

• Direct disobedience.

• Dishonesty

• Insubordination

• Breaching work rules

• Disclosing confidential information
  

Whether your employer followed a fair process in dismissing you will depend on the particular circumstances. The Employment Relations Authority will consider:

• whether your employer adequately investigated the allegations against you (but the Authority will take into account the resources available to the employer)

• whether your employer's concerns were properly communicated to you

• whether you had a reasonable opportunity to respond to any concerns your employer raised

• whether your employer considered your explanation with an open mind before making a decision.