What is a dismissal
Dismissal means that an employer has terminated an employee's contract of service. It may be with or without notice, and on grounds of misconduct or not.
It also includes situations where an employee resigns involuntarily.
Valid reasons for dismissal include:
- Misconduct, e.g. employer establishes that an employee was engaged in dishonest or disorderly conduct at work.
- Poor performance, e.g. employee didn't perform his or her job according to the required standards.
- Redundancy, e.g. employee's job scope changed and the old job scope no longer exists.
What is a wrongful dismissal
Wrongful dismissal happens when an employee was dismissed without just or sufficient cause.
Wrongful dismissals include:
- Dismissal on discriminatory grounds based on age, race, gender, religion, marital status and family responsibilities or disability.
- Dismissal to deprive an employee of benefits or entitlements, e.g. to deprive employee of her maternity benefits.
- Dismissal to punish an employee for exercising an employment right, e.g. dismissing employee after employee submitted a mediation request to TADM for salary-related claims.
Employers and employees should refer to the Tripartite Guidelines on Wrongful Dismissal for more information on what is a wrongful dismissal.
When to file a claim
You should file a wrongful dismissal claim at TADM within one month from the last day of your employment if you feel that your dismissal was wrongful.
For dismissals without notice, your employer must show proof that the dismissal was not wrongful.
For dismissals with notice or salary in lieu of notice, you must show proof that your dismissal was wrongful.
If your wrongful dismissal claims cannot be resolved at TADM, it will be referred to the Employment Claims Tribunals (ECT). If the ECT judges that a dismissal is wrongful, your employer may be ordered to do one of the following:
- Reinstate you to your former job and pay you for any income loss due to the wrongful dismissal.
- Pay you a sum of money as compensation.
For managers and executives: If you were dismissed with notice or salary in lieu of notice, you can only file a wrongful dismissal claim if you have served your employer for at least 6 months.