Unfair Dismissal
Dismissal of a workman without just cause or excuse by their employer, allowing for representations to the DGIR.
Definitions (2)
Under Section 20 of the Industrial Relations Act 1967, an employee cannot be dismissed without 'just cause or excuse'. If an employee believes they have been unfairly dismissed, they can file a complaint with the Director General of Industrial Relations (DGIR) within 60 days of dismissal. This provision provides a vital avenue for recourse, potentially leading to reinstatement or compensation.
Unfair dismissal occurs when an employer terminates an employee's contract without a valid reason, or fails to comply with the procedural requirements stipulated by the Employment Act 2000, such as providing adequate notice or following prescribed disciplinary processes. The Act mandates that a valid reason for termination must exist, related to the employee's ability, performance, conduct, or the operational needs of the business. Employees who believe they have been unfairly dismissed can seek remedies through the Department of Labour and the Employment and Labour Relations Tribunal, potentially leading to compensation or reinstatement.