Claims and Remedies for Unjustified Dismissal

Legality of the reason for dismissal

An employer’s power to dismiss is not unlimited. Whether the reason is genuine, sufficient and lawful is assessed against the employee’s conduct, workplace requirements, the procedure followed and the evidence. Merely stating a reason does not make a dismissal justified.

Principal claims

• Unpaid wages to the termination date
• Payment for unused leave
• Notice pay under section 12
• Where section 13(3) applies, compensation equal to three times the wages for the notice period
• For premature unjustified termination of a fixed-term contract, a further week’s wages for every remaining month
• Overtime, bonuses and other contractual sums
• A claim where job-search leave was not allowed

Time limit

An application under section 13(1) alleging invalid, unjustified or unlawful dismissal, or failure to comply with notice periods, must be filed within 75 days after service of the dismissal notice. The Law expressly provides that the right lapses after this period.

Labour Department and court

A Labour Department complaint may lead to inspection of records and contact with the parties, but it does not replace the court. If the dispute remains unresolved, employment sums and dismissal compensation may be claimed in the competent court.

Do not allow time to expire

Different claims may carry different time limits. Do not assume that a complaint, negotiation or part-payment stops time from running. Obtain an early assessment with the dismissal date and documents.