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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]
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 ...
art 2, establishes the scope and says short fixed term, probationary or casual workers may be excluded; art 3, defines termination as at the initiative of the employer; art 4, says the employer must have a valid reason for termination based on "the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service"
Dismissal is when the employer chooses to require the employee to leave, usually for the reason that is the employee's fault. The most common colloquial terms for dismissal in the United States are "getting fired" or "getting canned" whereas in the United Kingdom the terms "getting the sack" or "getting sacked" are also used. [2] [3] [4]
The new provisions, which came into force on 29 July 2013, allow an employer to seek agreement with an employee for the latter's dismissal, thereby avoiding any risk of tribunal litigation for wrongful or unfair dismissal. The employee is invited to attend a meeting and may bring a companion (a fellow employee or a trade union officer).
Polkey v AE Dayton Services Ltd [1987] UKHL 8 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.. The phrase 'Polkey deduction' has become a standard concept in UK Employment Tribunals, as a result of this case and later ones, meaning that even if a Tribunal decides a dismissal was unfair, it must separately decide whether the compensatory ...
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 ...
The Court of Appeal laid out a three-stage test to whether there is contributory fault in an unfair dismissal claim. The test is as follows: [2] Was the employee culpable or blameworthy? Did the employee's actions cause or contribute to the dismissal? Is it just and equitable in the circumstances to reduce the award?