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Unfair dismissal
UNFAIR DISMISSAL

Definition: (informal) A dismissal or sack from an employment that is believed to be unjustified.
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* All eight elements would be in.


1. Purposeful and necessary - the sack, not the unfairness - from employer's viewpoint.

2. Sack is at the worst possible time for dismissed worker(s).

3. Sack was completely undeserved. That is, worker was hardworking, not given fair hearing and the appropriate processes were not followed before the sack.
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>> A SET-UP ?
Below the Line
4. Dismissed worker petitioned or protested sack to the appropriate authority.

5. Petition was looked into (connect to #4).
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.. WHAT ABOUT RIGHTS ?


further below the line


6. Worker is recalled or reinstated. That is, earlier decision to sack employee was ruled improper or illegal.

7. Recalled employee is paid the outstanding arrears and allowances or compensation, as applicable and appropriate (connect to #6).
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.. WHAT ABOUT PRIVILEGES ?


much further below the line


8. Worker serves out the rest of contract! That is, employee is not 'properly' dismissed immediately on recall and/or does not resign after collecting all outstanding remunerations.
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>>> WHAT ABOUT OBLIGATIONS ?!

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