11 Ways That You May Be Unfairly Dismissed From Your Job

Your rights as an employee are some of the most important ones that you have. And the most important one of all is: the right not to be fired from your job, unless your employer has a good reason and has followed the proper process.

If you were fired and your employer failed to follow the proper process, then you may have been unfairly dismissed, and you may be entitled to get compensation or even to get your job back.

You don’t need to know all the details about what would be a good reason for dismissal or what the ‘proper process’ for a dismissal is. But at the very least, every employee should know these 11 ways that you may be unfairly dismissed:

1. If you are accused of misbehaviour/misconduct (or breaching a rule/policy) in the workplace, and your employer fires you without conducting a proper investigation and giving you a fair opportunity to respond;

2. If you have been fired for “performing poorly” at work, but your superiors have not provided you with the necessary assistance or given you sufficient opportunities to improve your performance;

3. If your employer gives you notice of termination and there is no valid reason for firing you (even if your employment contract states that it can be terminated by either party giving notice to the other);

4. If you are fired, without notice, for no reason;

5. If your boss forces you to resign;

6. If your employment contract is allowed to expire without being renewed;

7. If your employer has alleged that you abandoned the job but he failed to follow the proper job abandonment process;

8. If you are fired because you have been diagnosed with an illness, even though the illness has not affected your performance or attendance at work;

9. If you are fired because you have a serious illness that has affected your work, but your employer failed to follow the proper process;

10. If you were dismissed as part of a “retrenchment”, but your employer did not follow the correct retrenchment procedure or there was actually no real retrenchment at all; or

11. If you have been accused, charged or convicted of a criminal offence, and your employer has automatically dismissed you without following the proper process.

In addition to the examples listed above, your employer may also be breaching the law if he/she is:

• withholding or reducing your salary, without your consent;

• mistreating or discriminating against you (especially, if it is to the extent that you no longer feel comfortable at work);

• making major changes to your job (eg. changes in working hours or shift systems), without your consent, particularly if it is causing you significant difficulty; or

• if he is not taking the proper steps to ensure your safety at work.

Even if you don’t have a written employment contract, you still have the right not to be unfairly dismissed and not to have your employer do any of these things to you.

Employees must never be fearful of seeking legal advice or taking legal action. But it’s also important that you don’t waste any time doing so.

Because, for example, in an unfair dismissal case, there is a 6 month time limit and you have to start the case before the time expires (it’s possible to get an extension of time but that just adds an unnecessary step that could be avoided by moving as quickly as possible).

That’s why it’s always advisable to get legal advice as soon as you are dismissed or encounter workplace issues.

Obviously one of the difficulties of getting fired is that you may no longer have the money to take legal action. But there are many lawyers and organizations that are willing to provide advice and representation, free of charge. So take the chance and reach out.

You should never be afraid to stand up for yourself and defend your rights. No one deserves to be unfairly treated, and if you have been, then you deserve justice!