Common Legal Grounds of Fair Job Dismissal

Boss dismissing an employee. Dejected fired office worker carrying a box full of belongings. Getting fired concept.Losing your job is a painful experience. Unless your boss has substantial constitutional grounds to validate your termination, you can file a lawsuit for unfair dismissal. If you have been employed for more than 13 weeks, a minimum period of dismissal notice should be provided.

You can ask your employer to provide you with a written report of the reason for your termination. This should be delivered within two weeks of your demand. If you were unfairly dismissed, you should consult employment lawyers in Wellington to learn about your legal options. Rainey Collins Lawyers cites some legitimate grounds for a fair job termination.

Incapability

Incapability consists of issues like absenteeism and tardiness. If these are the cause of your dismissal, the employer should have documentary evidence. This can be in the form of clocking-in reports or absences, which are not medically certified or documented in your file. The employer should also prove that you were informed of the issue and warned of consequences.

Incompetence

Competence refers to your ability to carry out assigned tasks. You should first be aware of your job description and set standards. Should you fall short of these standards, you must be warned through formal set procedures. The warning should also specify the necessary improvements and give you a reasonable period to improve. After the employer has done all these, he or she can fire you for incompetence.

Misconduct

Misconduct as a ground for dismissal often ranges from grave or gross to ordinary cases. Grave misconduct, such as assault, stealing, a serious breach of company policy and drunkenness can lead to summary dismissal. Ordinary cases of misconduct warrant a thorough investigation and appropriate warnings before release.

Another ground for fair dismissal is job redundancy. But you can counter this reason by proving there exists no economic justification for redundancy or you were selected unfairly. Different employment contracts may contain various grounds for dismissal according to set company policies. It is, therefore, important to understand your contract before signing it.