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Unfair dismissal in Namibia is defined by the Labour Act, 2007, under which the employer has the burden of the proof that a dismissal was fair. [55] Explicitly listed as cases or unfair dismissal are those due to discrimination in terms of race, religion, political opinion, marital or socio-economic status, as well as dismissals that arise from ...
An example of cause would be an employee's behavior which constitutes a fundamental breach of the terms of the employment contract. Where cause exists, the employer can dismiss the employee without providing any notice. If no cause exists yet the employer dismisses without providing lawful notice, then the dismissal is a wrongful dismissal.
The standard of just cause provides important protections against arbitrary or unfair termination and other forms of inappropriate workplace discipline. [3] Just cause has become a common standard in labor arbitration, and is included in labor union contracts as a form of job security. Typically, an employer must prove just cause before an ...
7. Dismissal of employee because of relevant transfer. states that employees will be considered dismissed unfairly, if they are dismissed without the employer showing an economic, technical or organisational reason for dismissal. What is certainly not included in this concept is dismissals simply to improve the price of the company before its ...
The median award for unfair dismissal was £4,228; the average award was £8,679. The median award for discrimination was between £5,546 and £9,021 (depending on the type of discrimination). Costs were awarded against claimants in 148 cases, and against respondents in 432 cases. The median costs award was £1,136.
A less severe form of involuntary termination is often referred to as a layoff (also redundancy or being made redundant in British English). A layoff is usually not strictly related to personal performance but instead due to economic cycles or the company's need to restructure itself, the firm itself going out of business, or a change in the function of the employer (for example, a certain ...
An ex-Goldman Sachs banker has won a sex-discrimination case after being dismissed by the bank. He said he was unfairly treated when he said he was struggling to balance work and parenthood.
Dismissal (colloquially called firing or sacking) is the termination of employment by an employer against the will of the employee. Though such a decision can be made by an employer for a variety of reasons, [ 1 ] ranging from an economic downturn to performance-related problems on the part of the employee, being fired has a strong stigma in ...