What is considered unfair dismissal? Can I take legal action against the employer?

Dismissal is defined as a termination of a contract of service between an employer and an employee at the initiative of the employer, with or without notice, including salary-in-lieu of notice. It also includes involuntary resignation.

  • To claim that dismissal was wrongful, an employee must show evidence that it was not
    right then it can be disputed.
  • The discrimination against language, race and religion, marital status, disability
    and
    family responsibilities or the deprivation of benefit is wrongful.
  • The dismissal of an employee to punish him/her for exercising his or her employment
    right, e.g. filing a mediation request with TADM, or declining to work overtime is
    wrongful.

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