Removal Case Against Your Employer

There are many types of cases that people file when they feel they were wrongfully dismissed from their job. wrongful dismissal is one of these types of cases. In its most basic form, wrongful dismissal is when your employment contract is terminated and you didn’t have a fair cause to do so. In this article, we will discuss 5 fair reasons to file a wrongful dismissal claim.

wrongful dismissal lawyer

The first fair reason to file a wrongful dismissal claim is so you can receive your wrongful dismissal payout. Most employers only have a few days within which to terminate your employment without having to go through the Employment Relations Authority process. If your employer does not follow this time frame and makes the mistake of terminating you without having you presented to them in the manner that is required, then you may be able to receive your payout in lieu of notice. You will need to show that the employer knew of your right to receive a redundancy payout and chose not to abide by it. This means that your employer had a duty of care towards you and failed to take the necessary steps to fulfil this duty of care.

Another fair reason to file a wrongful dismissal claim is to mean dismissal without notice. This happens when an employer fails to give you a notice or fair warning prior to terminating you. This also means that if they fail to give you a reasonable warning at any stage of the employment process including the instant dismissal without notice, you can sue them for wrongful dismissal without notice.

How to Make a Wrongful Fire and Theft Removal Case Against Your Employer

If you are being unfairly dismissed, you may be able to claim unfair dismissal including harassment. This is when the employer uses abusive language or other conduct that would constitute as harassment. In addition, there is also potential for a common error of law. This can be shown to have occurred by using the same words or conduct in relation to the same employment practice or the same situation over many years.

A gross misconduct claim entitles you to compensation for the period leading up to the dismissal. The amount you can claim depends on many factors. These could include: whether you were informed of your right to a redundancy; whether you were offered another position in the same company within the company or with another firm; and if you complained about any form of gross misconduct. The length of time you have worked for the employer also affects how much you can receive. If you have been employed for five years or more, the longer you have worked with the employer, the higher the potential to receive a payout.

To make a successful claim for wrongful dismissal, you must show that the employer failed to provide you with notice or a fair warning prior to, during or after the employment contract was entered into. The employment contract needs to state what is expected from you and your right to redundancy. It needs to also set out how the employer will make the redundancy decision and when they expect this decision to be made. In addition, you must establish that the employer’s failure to give you notice of your right to redundancy and your decision to get rid of you for reasons unrelated to your ability to perform up to the contractual agreement was wrongful or was calculated as wrongful.