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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 ...
A confession could still leave a dismissal unfair if the disciplinary procedure was defective, in fact the employer must always follow a fair procedure before dismissal for misconduct. [ 133 ] If the employee is a trade union official the employer must consult a senior union leader, otherwise unfair dismissal is likely and there may easily be a ...
In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law.
Jonathan Reeves, a former Goldman Sachs banker, won an unfair dismissal case at a UK employment tribunal. Ramin Talaie/Corbis via Getty Images
Two year qualifying period, unfair dismissal, indirect discrimination R (Seymour-Smith) v Secretary of State for Employment [2000] UKHL 12 and (1999) C-167/97 is a landmark case in United Kingdom labour law and European labour law on the qualifying period of work before an employee accrues unfair dismissal rights.
In Tanzania, around 700 ex-mineworkers from the Bulyanhulu underground gold mining site won an unfair dismissal case in July 2010. [16] They were terminated because of participating in a strike in 2007 following failed wage negotiations. The mine temporarily halted production and fired 1,300 striking employees, claiming they had left illegally.
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