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Animosity, politics, discrimination, protected disclosures, and a whole different varieties of reasonsexist for which an employee may have been dismissed. When the dismissal is not on professional grounds and is an act of retaliation, revenge, prejudice and similar grounds, then the dismissal is deemed unfair.
The employee can consult a law firm and seek legal help to claim a session with the employer and raise questions whether the dismissal is fair and justify the grounds for the same. In case the employer fails to provide appropriate evidence the hearing ends in favor of the employee.
To bring to legislation a claim that a dismissal is unfair then it should meet the following requirements.
The nature and tenure of service
The general rule is that an employee must have worked 12 months or more continually to be able to file a claim. To any rule there are exceptions. Here are the exceptions. If the employee has been dismissed
on the grounds of being pregnant, having given birth, is nursing, and any other matters in connection with pregnancy.
On the grounds of having made a protected disclosure.
On the grounds of having availed maternity leave, carer’s leave, adoption leave and other such leaves under the respective acts.
It is important to note that if a person employed less than a year has been dismissed on the grounds of discrimination of gender, or sex, or politics, or other such criteria then they would be filing a claim under the discipline of discriminatory dismissal.
The status of employment
The person filing the claim should be an employee and not a contractor. An employee works for the employer under a contract of service. A contractor offers service and is paid in return for the service, in whose case the agency would be the employer. For help and assistance for employees, see this page.
The dismissal fact
An employee can bring a claim once they have been dismissed. If the company argues that they have not dismissed then it becomes mandatory for the employee to prove the dismissal for the hearing to proceed thereon. The exception to this would be when the dismissal has been constructive.
The window of time limit
The claim should be brought within 6 months of time from the dismissal date. This date is usually the date on which the notice period given by the company ends. This period entitles minimum statutory pay if it is 13 weeks or more if the company contract says so.
One can extend the time period to 12 months if they prove that they were unaware of law in their support.