What is the difference between unfair and fair dismissal
At these times, work dismissals are common interest. But not all dismissals are the same: we have to distinguish between when a dismissal is done fairly or unfairly. Each of these implies a series of conditions. In oneHowTo.com we'll explain what the difference between unfair and fair dismissal is.
When a worker has professional misconduct and this is affecting the company, it can be considered a fair dismissal. It is fair that you leave your workplace for being a non-adequate candidate.
In the case of a fair dismissal, the company is not obliged to compensate the worker in any way whilst it is proven that the faults commited in the workplace are so severe they have lead to a dismissal.
In a fair dismissal, the worker will be paid with what he is due from the last month in the job and all present due payments. The worker will have his/her papers up to date for his dole allowance whilst he/she finds another job.
Unfair dismissal is when the company decides to let go of any of its workers for personal reasons. In this case, the worker has done his/her job correctly and hasn't generated any circumstances to have triggered his/her dismissal.
In unfair dismissals, workers must be compensated by the company according to the time they've worked for the. They must recieve a cheque or bank transfer with the exact amount.
Moreover, the company will have to pay all due amounts referring to allowances and the last worked month, everything which is still due.
Even so, in unfair dismissals, the company must organize all the dole papers until you find a new job. The company must always give their fired employees this kind of papers.
When an employee is fired, he must always sign a paper by his/her company in which the dismissal reasons are specified. It is recommendable to carefully read that paper and in the case of not agreeing, you should right "do not agree" on it before signing it, especially for legal reasons.
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- It's highly advisable that the worker always consults a lawyer so he or she can determine if they are entitled to compensation.
- Never sign a voluntary dismissal letter if the company is the one to sack you.
- Never give up on your rights and fight for them when they are not recognized.