Unfair Dismissal Article

13 April 2022

Have you been Unfairly Dismissed from your employment and you want to know your legal rights. 


An unfair dismissal occurs in the following circumstances:


.  An employee was dismissed, and

.  the dismissal was harsh, unjust or unreasonable, and

.  the dismissal was not a case of genuine redundancy, and

.  where the employee was employed by a small business, the dismissal was not consistent with the Small Business Fair Dismissal Code (a Small business is a business that employs fewer than 15 people).


It is most important to remember that an Application for unfair dismissal remedy be lodged within 21 days of your dismissal otherwise your application may be rejected if your explanation for the delay is not satisfactory.    


The maximum amount of compensation payable for an Unfair Dismissal is 6 months wages and an order can be made that a dismissed employee be reinstated.


When a person is unfairly dismissed this may also give rise to a Workers Compensation claim for a psychological and/or physical injury claim. 


If you want to know where you stand and what your legal rights are please feel free to contact Peter Moore at Whitelaw McDonald Solicitors for a free no obligation chat.

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