Employment is a relationship between an employer and an employee which is governed by relevant laws of labour. In the contract of employment there are certain duties, conduct and responsibilities expected from the contracting parties in the contract so a breach of such contract on the part of the employee can result in dismissal.
Where a Dismissal does not have a actual reason or is unlawful, the aggrieved employee can challenge such dismissal in court by filing an Unfair Dismissal claim. Unfair dismissal in today’s economy has negative impact on the employee and his family. There have been situations where an unfairly dismissed employee resorted to drinking and crime.
The unfair Dismissal claim is the hope of the wrongfully dismissed employee to seek remedy for the breach of his employment. An Employer cannot just terminate an employee’s contract without giving fair reason which could likely be based on employers’ capability, conduct and other substantial reasons. This claim meanwhile can be lost by delay, or where such the employer can provide actual reason for dismissal.
Unfair Dismissal Claims are strengthened by numerous laws which is out to protect the employees from unjust, unfair and unreasonable dismissal. The laws include the Unfair Dismissals Act 1977-2015, Employment equality legislations etc.