ALL THAT YOU NEED TO KNOW ABOUT WRONGFUL DISMISSAL

ALL THAT YOU NEED TO KNOW ABOUT WRONGFUL DISMISSAL

  16 May 2019

An employer might have the power to terminate an employee without a cause if a notice of termination has been provided ahead of time, which is also referred to as severance pay. A wrongful dismissal takes place when an employee has been terminated without any advance notice or severance pay in lieu of notice. Most often employers provide you with minimum severance pay. If you have been wrongfully dismissed you should consult a Wrongful Dismissal lawyer who would guide you through the process and fight for your right.

How is wrongful dismissal a misunderstood term?

Wrongful dismissal does not mean that the employer’s reason for terminating an employee has broken any employment laws or was wrong. An employer has every right to terminate an employee with regard to lawful reasons, including the reason that they simply do not like you. As long as you have been provided with appropriate notice, the termination will not be considered as wrongful dismissal.

What are the factors to be considered while calculating severance pay?

When calculating the proper notice or pay in lieu of notice that you will receive, there are various factors that need to be kept in mind. These factors include salary, age, length of service, benefits, bonus and other payments earned while employed. Your employment lawyer will examine the various factors involved and help to calculate your full severance entitlements.

What are the justified causes for dismissal?

Sometimes employers would claim that the terminated employee has committed misconduct to avoid paying severance. In such a situation they might argue that they have a cause for dismissing you. It is crucial for you to know that if an employer is able to prove that they have a cause for dismissal, then they can legally avoid paying severance. On the other hand, the employees have the power to sue the employer for wrongful dismissal. They have to prove that the cause for dismissal was not justified. In most of the cases, the employers have inappropriately and incorrectly labelled termination as being “for cause”.

What are your rights?

If you have faced wrongful dismissal at the hands of your employers, then we will help you fight for your rights. With our previous experiences and vital success rate, we have been able to secure our clients with large severance packages. It is crucial for you to remember that when your employment has been terminated or you have been dismissed, that you do not sign any documents or exit papers. If you sign these papers, then you are giving up your right to file a claim for wrongful dismissal. The claim for wrongful dismissal allows you to seek full severance entitlements.