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Unfair Dismissals Act 1993

Unfair Dismissals Act 1993. Next Slide. Purpose. This act outlines situations where the dismissal of an employee is unfair. The burden of proof that the dismissal is fair rests with the employer.

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Unfair Dismissals Act 1993

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  1. Unfair Dismissals Act 1993 Next Slide

  2. Purpose • This act outlines situations where the dismissal of an employee is unfair. • The burden of proof that the dismissal is fair rests with the employer. • Claims under the act must normally be brought within 6 months of the dismissal having taken place. Previous slide Next Slide

  3. When is a dismissal unfair? • Trade union membership • Religious or political opinions • Race or colour • Involvement in legal proceedings against the employer • Pregnancy. Unless through the pregnancy the employee has become unable to do the work adequately. • Sexual orientation • Age • Membership of the travelling community Previous slide Next Slide

  4. Why is she in such a bad mood???? Let me introduce my friends Because she has brought legal proceedings against Mr Employer Oh No it is a P45 she has in her hand She is his secretary. And even if she is pregnant she can do her job Because she is a member of the travelling community Because of her religious or political views Because of her age Because of her sexual orientation Since I studied the Unfair Dismissals Act in School I know it cannot be Because she joined a trade union Because of her race or colour So it must be unfair Wonder Why??? Miss Employee Mr Employer P45 Previous slide Next Slide

  5. This act covers all employees except • Those working less than eight hours per week. • Someone, who is less than 16 years of age or has reached the retirement age for that employment. • Employees with less than one year’s continuous service, except where the dismissal is on the grounds of the employee’s pregnancy, trade union membership or the employee’s rights. under the following government acts: National Minimum Wage Act 2000, Adoptive Leave Act 1995, Parental Leave Act 1998 or Carer’s Leave Act 2001. • An employee on a short term contract e.g. covering maternity. • An apprentice within 6 months of commencement of his training or 1 month after his completion of the apprenticeship. • Certain members of the public service and local government employees. Previous slide Next Slide

  6. Are we are all covered Yes Except if we are working less than 8 hours per week Except if we have only been in the job for less than year unless, it is in particular circumstances Except if we are on a temporary contact Except if we are an apprentice within 6 months of commencement of his training or 1 month after completion of the apprenticeship. Except if we have reached retirement Age Except if we are under 16 Previous slide Next Slide

  7. Remedies for Unfair Dismissals • Reinstatement. The employee gets his old job back, gets compensation for loss of earnings during the period of dismissal and is treated as if there is no break in service. • Re-engagement. Employee returns to work, with no break in service but not necessarily on the same terms or same job. • Compensation. The employee losses his job, but gets financially rewarded for being unfairly dismissed. Next Slide Previous slide

  8. When is a dismissal fair? • Incapability • Incompetence • Wrong qualifications or failure to get qualifications promised • Misconduct • Redundancy • Illegality of employee’s work Next Slide Previous slide

  9. What can be done? If I take the case to the Rights Commissioner and am still unhappy, then I can go to the Employment Appeals Tribunal. I have a choice to take my case to a Rights Commissioner or the Employment Appeals Tribunal. If I feel I have been unfairly dismissed, WHAT CAN I DO? I’m HAPPY Look at the difference in my face. Next Slide Previous slide

  10. This is where the employee resigns, but claims that his employer’s conduct forced his resignation. According to the act, before a dismissal of this nature can be regarded as a dismissal, the employee must first prove his case. An employee, who finds himself, in a situation that he thinks will cause him to resign, should first use the firm's grievance or complaints procedure before he resigns. Constructive Dismissal Previous slide Next Slide

  11. Unfair Dismissals Act 1993 THE END Previous slide

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