Unfair Dismissal

The following are the important examples of unfair dismissal


Racism

The modern world is based on the principal of equality and no discrimination must be carried out in any circumstances. many countries has made legislation to discourage the discrimination on bases of race , color or other ethnic bases. The Modern world believe in equality of rights and it is extremely unethical to dismiss someone on bases of race or color.

Medical Leave

The medical leave is the right of the employee and this right is universally accepted. The medical problems is a natural phenomena therefore no one should be dismiss over the medical leave ground. The every employee can avail the medical leave as per policy. however this concept must not be confused with medical disability.

Overtime

The overtime must be at the discretion of the employee . The employee may not be compel to do work beyond office hours. This is discretion of employee whether or not to work on overtime bases. Therefore any dismissal on refusal to work beyond office hour shall be treated as un fair dismissal. The overtime is basically a mutual agreement and employee has a right to reject that agreement.

 Holidays

The basic concept of holiday is no work. Therefore no employer should take administrative action against any worker who is not willing to work on holiday . The working hours and holiday are two basic rights of the employee and therefore any dismissal on refusal to work on holiday is not acceptable. The court may also reverse those dismissal order being extremely harsh to the employee.

Trade Union

The trade union are created to preserve the right of employees and the trade union are very much allowed in the modern world and almost every country accept the role of the trade union in the business world . The participation in the trade union activities and accept any active role therein are not a punishable acts. Therefore employer should not terminate employee on these grounds.

Political Affiliation

This is world of democracy and people has right to love or dislike a political party or leader and this concept is internationally promoted . Therefore the employee also being elements of society has the same right and cannot be targeted on bases of political affiliation. The organization however impose some restrictions on political activities within organization.

Health Environment

The demand for good working condition is the basic right and the employer should consider this demand positively. This would be extremely negative on employer behalf to target the employee on the demand of Health working conditions. The employer must proved safe and sound working condition to the employees.

Minimum Wage

The demand of minimum was is a legal right and employer should recognize this right. This is legal binding on the employer to comply with the minimum wage regulation issued by regulator. Any attempt to pressurize the employee below the minimum wage rate is a crime. Therefore employer should not go for any termination for minimum wage demand otherwise it would bring serious legal implication for organization