what do we call unfair dismissal?

An employee's employment is terminated by their employer or if they resign as a result of the company's actions forcing them to, that employee has been discharged.

There are several ways your termination could be unlawful: 

your employer doesn't have a right reason to unfair dismissal (for example, if there were no problems with your job performance) 

your employer did not follow the correct procedure when they fired you (for example, if you did not follow your company's dismissal procedures or the legal minimum dismissal procedure) 

you were fired for an automatically unfair reason (for example because you wanted to take maternity leave)

If your Australian employer fires you, According to Australian law they must have a just reason for their action because their are worker rights australia, for example, because of your conduct at work. Find out more about the right reasons for dismissal and your employment rights in case of dismissal.

If your employer fired you for your conduct, it usually means that you have violated one or more terms of your employment relationship. For instance: 

1. continuously missing work 

2. bad discipline 

3. drug or alcohol abuse 

4. theft or dishonesty 

Your employer must follow disciplinary procedure before firing you for misconduct.

An employer dismisses you because of your abilities, it may mean that you do not meet the required standards or that you are not able to perform your job well. For instance

If your performance is poor, you should be warned in general that your work is not good and given an opportunity to improve before taking any action.If you are often on sick leave or take long vacations, your employer should consider other options before deciding to fire you. For example, they may need to consider whether the job itself is making you sick or if it needs to be changed.If you are often in the hospital or going on long vacations, your employer should consider other options before deciding to fire you. For example, they may need to consider whether the job itself is making you sick or whether it needs to be changed.

you cannot keep up with technological changes in your work 

You can't get along with your colleagues 

a long-term or permanent illness that prevents you from doing your job 

Your employer must ensure that you receive adequate training to perform your job.


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