Unfair dismissal describes an employment termination made without a good reason or contrary to applicable legislation. This lesson introduces the core idea and compares how Australia and Canada provide remedies.
A dismissal is not automatically unfair simply because an employee disagrees with it. The relevant law sets out the grounds, procedures, and tests used to decide whether it was fair. Depending on the jurisdiction, the decision-maker may examine the employer’s reason, the way the employer acted, or both.
All flashcards
Australian compensation cap
Compensation for unfair dismissal is capped at six months’ pay and is considered only if reinstatement is inappropriate.
French recall-notification obligation
For 12 months after an economic dismissal, the employer must notify the employee if a suitable position becomes available.
Canadian request for dismissal reasons
Under the federal process, an employer must provide a written statement of reasons within 15 days of an employee’s request.
Polish compensation for protected employees
For certain protected employees, compensation may cover the entire period of unemployment.
UK settlement agreement advice
An employee must receive advice on the agreement’s effect from an appropriate independent adviser for it to be binding.
Quiz questions
Under section 385 of Australia’s Fair Work Act 2009, which combination describes the stated unfair-dismissal criteria?Answer: The person was dismissed; the dismissal was harsh, unjust or unreasonable; it was inconsistent with the Small Business Fair Dismissal Code; and it was not a genuine redundancy.
In the federal Canadian unjust-dismissal process described, what generally happens before an unresolved eligible case may reach an adjudicator?Answer: An inspector investigates the complaint and seeks a settlement; the Minister of Labour may then refer an eligible unresolved case.
How does a UK Employment Tribunal apply the band of reasonable responses in a dismissal case?Answer: It asks whether the employer’s decision fell within the range of responses a reasonable employer might have adopted.
What reason is required for a personal dismissal under the French rules described?Answer: A real and serious reason.
When identifying the actual reason for dismissal under the UK rules described, what information may the employer rely on?Answer: Facts known to the employer, or beliefs held by the employer, that caused the dismissal.
Based on the Wikipedia article Unfair dismissal, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.