What Qualifies as Wrongful Dismissal?

It is necessary that employees as well as employers understand what constitutes wrongful dismissal in the current changing workplace environment. Wrongful termination happens when an employee is dismissed against the employment legislation, employment conditions, or basic work privileges such as those outlined in South Africa’s Basic Conditions of Employment Act. As more people become aware of rights of employees, challenges surrounding the termination of employees are being subjected to more scrutiny. Regardless of breach of contract, discrimination, retaliation or unfair treatment, wrongful dismissal identification helps to maintain fairness and liability. This article describes the most important aspects of defining the wrongful dismissal, the legal aspects, the most typical instances, and whatever employees should follow in case they feel they are wrongfully dismissed.

What Is Wrongful Dismissal?

Wrongful dismissal is the term considered to be the dismissal of an employee by violating the employment contract or the rights in the statute. It is not just applicable to permanent employees but also temporary, contractual and even probation employees can assert wrongful termination when the employer fails to act as per the law or agreed practices. Although in most job agreements there is a clause concerning at-will, companies are not allowed to fire an employee because of illegal reasons like discrimination, retaliation, or unwillingness to take part in illegal activities.

Key Factors That Qualify as Wrongful Dismissal

1. Breach of Employment Contract

When an employer dismisses an employee without observing the termination procedures stipulated in the employment contract including the employee being given the required notice status, severance, or performance review, then the termination is usually considered wrongful dismissal. Any breach of the written and implied conditions of the contract can be considered.

2. Discrimination-Based Termination

In most jurisdictions, it is unlawful to dismiss an employee based on his or her race, religion, gender, disability, age, nationality, or marital status. Wrongful dismissal definitely applies to terminations that contravene the equality laws.

3. Retaliation Against Employees

The workers are not allowed to lose their jobs because of reporting of harassment, unclean working environment, corruption and any other abuse. Wrongful termination, which includes retaliatory dismissal (like so-called termination of a whistleblower) is illegal.

4. Termination Without Due Process

Numerous companies have internal disciplinary measures. Failing to give the required warnings or conduct investigations or hearings prior to termination of an employee may be classified as wrongful dismissal on part of the employer.

5. Forced Resignation (Constructive Dismissal)

When an employee quits due to an employer having failed to provide a working environment that is hostile or intolerable, the statute can regard it as constructive dismissal- an implicit wrongful termination.

What to Do If You Experience Wrongful Dismissal

By having all communications documented, gathering employment records, and seeking legal counsel, employment law to contact a lawyer as soon as they feel that they have been unfairly dismissed. A complaint to the labor authorities or legal solutions may lead to reinstatement, payment, or damages relying on the local laws. The employees are supposed to do so in time, because in most jurisdictions a time limit is laid on the filing of such claims.