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How Can You Legally Challenge An Unfair Dismissal From Your Job

Writer: leadindia400leadindia400
Mar 214 min read

Even The Fundamental Legal Precept, "Listen To The Other Side," Is Violated In An Unfair Dismissal. Unfair Dismissal, Also Known As Wrongful Termination, Occurs When An Employer Terminates, Dismisses, Or Removes An Employee Without Offering Any Valid Grounds For Removal. It Is Critical That The Employer Present Compelling And Valid Reasons For Termination; Otherwise, It Is Considered Unjust Termination.


Every Year, Millions Of Employees Are Wrongfully Terminated, Causing Mental Anguish And Financial Hardship. Being Wrongly Terminated From A Job Can Be A Stressful Situation. Unfair Dismissal, Whether Caused By Prejudice, Retribution, Or A Breach Of Contract, Can Leave You Frustrated And Unclear About Your Future Steps. In Such Circumstances, Employees Are Utterly Unaware Of The Necessary Legal Line Of Action. However, Before You Decide To File A Legal Action, You Must First Determine If The Termination Was Unjust.


Types Of Unfair Dismissal From Job


  • If The Employee Is Fired On The Grounds Of Age, Sex, Nationality Etc. Then It Will Be Referred To As Unfair Dismissal On The Basis Of Discrimination. The Employer Will Be Held Liable For Wrongful Discrimination.

  • In Case, An Employment Agreement Has Been Signed Then, Both The Employer And The Employee Needs To Abide By The Agreement. If The Employer Removes The Employee By Breaching The Agreement Then It Will Be Termed As Unfair Termination By Breach Of Contract.

  • If The Employee Has Been Removed Due To Any Other Factor Like Any Dispute Or Any Personal Grudges Then Also It Will Be Termed As Unfair Dismissal.


Laws Governing Unfair Dismissal From Employment


There Are Several Labor Laws Which Govern The Situations Of Unfair Dismissal From Employment. The Code Of Wages Act Of 2019 Governs Such Situations. It Deals With The Cases Of Payment Of Wages, Bonus Etc. The Recently Enacted Industrial Relations Code Of 2020 Deals With Issues Related To Employment Conditions And Industrial Disputes. This Act Includes The Industrial Disputes Act Of 1947, The Trade Unions Act Of 1926, And The Industrial Employment (Standing Orders) Act Of 1946. Termination For Any Cause Other Than Disciplinary Action Is Considered Retrenchment Under The Irc, And Needs A Month's Written Notice. It Should Be Emphasised That The Employee Is Entitled To Certain Remuneration Under The Irc Or Employment Contracts, As The Case May Be. This Notice Period Must Include The Reason For Retrenchment. With The Retrenchment, Compensation Must Be Equal To 15 Days Of Average Pay For Each Year Of Continuous Employment. The Irc Abolishes The Labour Court. It Even Prohibits The Civil Court From Having Jurisdiction Over Any Subject Governed By Any Section Of The Code. Instead, It Establishes The Industrial Tribunal And The National Industrial Tribunal Under Sections 44 And 46 Of The Irc. The Occupational Safety, Health, And Working Conditions Code Of 2020 Deals With The Issues Related To Contract Labor, Factories Etc.


How To Legally Challenge Unfair Dismissal From Job


  • As Soon As You Become Aware Of Your Wrongful Dismissal, Take Time To Consider The Circumstances Surrounding Your Firing. Was The Rationale Given Reasonable And Legal? It Is Critical To Remain Calm And Composed, As Your Next Steps Will Have A Huge Impact On Your Capacity To Pursue Justice. Begin By Gathering Any Documentation Relating To Your Employment, Such As Contracts, Performance Reports, Emails, And Witness Statements. This Material Will Be Extremely Useful In Supporting Your Case And Demonstrating That Your Termination Was Unjust.

  • After That, Thoroughly Review Your Work Contract For Any Termination Terms. If Your Employer Failed To Follow The Procedures Provided In Your Contract Or Violated Business Standards, You May Have Legal Recourse. As A Result, You Should Pay Special Attention To Clauses Regarding Termination Procedures And Severance Pay.

  • Consult An Employment Lawyer And During Your Initial Session, Make Sure You Supply Your Lawyer With All Essential Papers And Facts Regarding Your Termination. A Qualified Attorney Can Analyse Your Case, Advise You On Your Rights, And Guide You Through The Legal Process. They Can Evaluate The Strength Of Your Case And Recommend The Best Course Of Action, Which May Include Negotiation, Mediation, Or Lawsuit.

  • You Might Submit A Formal Letter To Your Employer, Demanding A Meeting Or Compensation. Before Taking Legal Action, It Is Important To Try To Resolve The Issue Amicably.

  • The Local Labour Commissioner's Office Serves As Mediators Between Employees And Employers To Resolve Problems. If The Issue Is Not Handled Internally, You May Submit A Complaint With Him.

  • If Mediation Fails, The Next Step Is To File A Case In Either A Labour Or Civil Court, Depending On The Circumstances. Your Employment Lawyer Can Help You Prepare And File Appropriate Legal Paperwork, As Well As Represent You In Court. Depending On The Facts Of Your Case, You May Be Entitled To Compensation For Lost Income, Reinstatement In Your Previous Position, Punitive Damages, And Attorney's Costs.


Wrongful Termination Can Be A Challenging Time In A Person's Life But With A Calm Mind And Good Advocate, You Can Easily Pass Through This Tough Phase. Staying Informed Will Help You Utilize All The Rights And Remedies Effectively.


For Any Legal Help, Contact Lead India. We Offer Free Online Legal Consultation And Other Legal Services. On Our Platform, You Can Talk To Lawyers. You Can Freely Ask Any Legal Question. We Provide The Solutions To Your Legal Problems.


Visit Us: — www.leadindia.law

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