Unfair dismissal represents one of the main elements of modern employment law, providing employees with practical solutions to workplace issues. The law concerning unfair dismissal has worked to place the steps of fair procedure at the forefront of an employer's mind when contemplating disciplinary procedures or the dismissal of an employee. However, there are many cases still present that involve unfair dismissal, whether it is breaking contractual arrangements, being pushed out of the business, bullying, sexual harassment or issues in the workplace that are contributing to workplace stress.
The positive aspect for those who feel that they have been dismissed unfairly is that that law and regulatory requirements placed on business, employee relations and agreements, provides an avenue for individuals to voice their personal grievances and complaints in a formal and legal environment. However, this should not be done on one's own accord. A detailed knowledge of the employment law and the situation pertaining to the unfair dismissal is required to build a logical and worthy case against those accused of unfair dismissal; otherwise, the chances of successfully bringing an unfair dismissal action against a current or former employer is limited. Just as you would search and secure the professional services of a lawyer in the case of developing employment contracts and agreements, the same professional advice is essential in any situation of unfair dismissal.
There are numerous situations where past employees have been unfairly dismissed but due to their lack of knowledge about the current employment law, have no idea that they have a legal standing to voice these concerns. The act of unfair dismissal covers a wide range of inappropriate activities and behaviour by employers, including but not limited to workplace stress, bullying, sexual and racial harassment, discrimination, personally derived redundancies or feeling that you are being forced out of the business or the current position that you hold within an organisation. Furthermore, bring these concerns to the appropriate authorities within the business environment can be somewhat difficult and embarrassing.
It is imperative that any personal grievances or complaints that you have in the workplace environment be voiced. However, to ensure that you have a full understanding of the situation, your legal rights and responsibilities, it is essential that you seek the professional advice that is only available through experienced employment law firms and consultants.
If an amicable solution cannot be secured between the two parties, then the case will often involve mediation between a representative for yourself and the employer's lawyer. An investigation of the case by the Employment Relations Authority often follows and in some cases, a hearing before the Employment Court. Ensure that you receive the professional advice regarding your personal grievance and complaints, along with the professional representation required to successfully bring a claim of unfair dismissal.
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