Introduction and Definition of Unfair Dismissal
‘Unfair dismissal’ is a term used in Labour and Employment laws. Before moving to the meaning of the term, it is important to know the importance of such laws in our country. In developing countries like India, labourers/ employees are the most valuable asset which can help in transforming the country into a developed nation. The business and economy, undoubtedly, are growing at a very high pace. Hundreds of industries, manufacturing units, factories, MNCs are opening every day. In order to ace this competition, employers focus on price and goods efficiency which in turn result in neglecting the rights of labourers/ employees. Illiterate, poor and unaware about their rights, labourers often fall prey in the hands of their powerful employers. This is the reason we need labour and employment laws. To protect labourers from exploitation, to improve industrial relations between working class and management, to ensure job security, etc.
https://blog.ipleaders.in/unfair-dis...campaign=sgses
All credit to the student author of this article which explains fair and unfair dismissal.
From India, Pune
3251‘Unfair dismissal’ is a term used in Labour and Employment laws. Before moving to the meaning of the term, it is important to know the importance of such laws in our country. In developing countries like India, labourers/ employees are the most valuable asset which can help in transforming the country into a developed nation. The business and economy, undoubtedly, are growing at a very high pace. Hundreds of industries, manufacturing units, factories, MNCs are opening every day. In order to ace this competition, employers focus on price and goods efficiency which in turn result in neglecting the rights of labourers/ employees. Illiterate, poor and unaware about their rights, labourers often fall prey in the hands of their powerful employers. This is the reason we need labour and employment laws. To protect labourers from exploitation, to improve industrial relations between working class and management, to ensure job security, etc.
https://blog.ipleaders.in/unfair-dis...campaign=sgses
All credit to the student author of this article which explains fair and unfair dismissal.
From India, Pune
Dear Colleague,
Dismissal may be regarded as unfair when it is made:
1. In utter violation of the principles of natural justice,
2. Without framing charges and/or conducting a domestic enquiry,
3. Without giving a fair and proper opportunity to defend his/her case,
4. By relying on the terms of the appointment letter, disguising dismissal under the guise of simple discharge to avoid going through the disciplinary procedure.
The above represents the essence of the Apex Courts' judgments over the past 50+ years on this subject, but it is by no means comprehensive.
Vinayak Nagarkar
HR Consultant
From India, Mumbai
Dismissal may be regarded as unfair when it is made:
1. In utter violation of the principles of natural justice,
2. Without framing charges and/or conducting a domestic enquiry,
3. Without giving a fair and proper opportunity to defend his/her case,
4. By relying on the terms of the appointment letter, disguising dismissal under the guise of simple discharge to avoid going through the disciplinary procedure.
The above represents the essence of the Apex Courts' judgments over the past 50+ years on this subject, but it is by no means comprehensive.
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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1.12.09 dismissal 13.02.08 appeal.doc