About Unfair Dismissal
Unfair dismissal, also known as unjustifiable dismissal, is an act of employment termination made without a solid reason or contrary to the country's specific legislation. When challenged in a court, the employer must establish that the dismissal was based on a substantial reason such as gross misconduct, lack of qualification, incapability to perform assigned duties, or redundancy. In such cases, the courts usually take the employee's statutory rights into consideration.
Employment tribunals consider whether an employer had legitimate grounds to dismiss an employee from an established list of reasonable grounds, including statutory requirements, redundancies, crime and medical grounds.
The central tenets of the case, and the employer’s decisions, attitude and actions during the dismissal process, will be key to establishing whether the dismissal was unfair.
Right to live and work is the fundamental right of every citizen. It is the right of an employee to get paid by his employer for the work extracted by his/her employer and it is the duty of every employer to pay wages/salaries to his/her employees for the work done.
The Payment of Wages Act, 1936 has provisions for regular payment of wages/salaries to employees without failure. Therefore it is unfair to dismiss an employee without paying him/her for the work done unless the employee's willful negligence caused serious loss or damage to his/her employer.