A worker’s dismissal for alleged misconduct may be unfair if the employer didn’t comply with good industrial relations practice.

Constructive dismissal may occur when an employer breaches the employment contract or makes a unilateral alteration to the contract (or declares his intention to do so), and the employee leaves as a result. Constructive dismissal is not automatically an unfair dismissal, but in most cases it may be unfair, and the employee may be entitled to compensation.

If a worker is employed under a” fixed-term” contract, and the employer allows the contract to expire and terminates the worker, that may amount to an unfair dismissal.

If a worker is dismissed because his illness/injury has caused him to be absent from work and the proper process is not followed, that dismissal may be deemed unfair.

If a worker is accused of abandoning his job, but the employer fails to follow the proper process, the court may find that the worker was actually unfairly dismissed.

If a worker is dismissed for no reason/no legitimate reason, or without being informed of the reason, that dismissal may be unfair.

If a worker is dismissed for alleged poor performance/incapability (i.e. failing to meet goals/targets or not fulfilling responsibilities as expected) and the proper process is not followed, that dismissal may be deemed unfair.

If a worker is allegedly retrenched but the employer did the follow the proper procedure, the Court may find that the worker was actually unfairly dismissed.

If a worker is dismissed during or at the end of his probation, but the employer failed to follow the proper process, the dismissal may be unfair.