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Assuming the employee has proven dismissal, the first stage is to establish what was the reason for dismissal, e.g. was it a potentially fair reason or an automatically unfair reason. [3] The burden of proof for this is on the employer. [4] If the employer pleads a potentially fair reason, the burden is on him to prove it. [5]
Pay was lower, hours were more, holidays were reduced and the occupational pension and fringe benefits were gone. He rejected the offer and claimed unfair dismissal. The Tribunal upheld Mr Pearce's unfair dismissal claim, and Richmond Precision Engineering appealed.
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 ...
The wrong label of 'redundancy' does not affect the point. The second point is whether the reason here was such as to justify the dismissal. Under section 24(2)(a) a reason would be sufficient if it 'related to the capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do.'
The qualifying period for redundancy is having worked for two years with the same employer (s.155). You are not entitled to redundancy if you have simply reached retiring age (s.156). And nothing prevents the employer from making a dismissal for misconduct or capability, as outlined under the fairness provisions for dismissal (s.98).
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 ...
Jack Dorsey is in reassembly mode at Block, the fintech company that owns the popular payment services Cash App and Square, as well as music streaming service Tidal.. In a note to employees this ...
The problems for the employer are that constructive dismissal is a contractual claim, which can be made in a tribunal for up to £25,000 or in court without limit, and, by dismissing constructively, it by definition misses out on the correct procedure meaning that even if the reason was fair, the decision was probably not, and so an unfair ...