Unlawful dismissal: steps to take and rights of the employee
Unlawful dismissal can happen in several ways. An unscrupulous employer might forge documents to suggest a disciplinary offense, pressure an employee to resign, or implement unfair staff reductions. This perspective was shared by lawyer Vladimir Atapin in discussions with socialbites.ca.
The first move for a dismissed worker is to gather as much proof as possible that the dismissal was illegal. Preserve business correspondence, record conversations with supervisors, and seek witnesses among colleagues who can speak to the facts in court. When the employer asks for a written explanation about the alleged offense, the employee should respond by clarifying their position in relation to the questions raised, without letting emotions override the statements.
Secondly, if there is a dismissal order, the employee should note on the document that they disagree, simply writing the word “disagree” to indicate the position. This small act can be a critical record that supports later legal action.
Third, if feasible, the worker should promptly pursue a court claim for reinstatement and back pay for the period of compulsory absence. The timeframe for appealing a dismissal is typically one month from the date the labor record book was received or from the date the dismissal order became known, depending on the governing labor laws in the jurisdiction involved. This is a key deadline that should not be missed.
When a case reaches the labor court, the employee often has certain advantages. A typical process might include exemptions from state fees, no obligation to prove the illegality of the dismissal at the outset, and the possibility to file the lawsuit at the worker’s place of residence or at the place of employment. In many jurisdictions, inspectors or prosecutors focus on specific issues like workplace injuries, while other labor rights violations tend to be handled directly through the courts. Because of this, timely court action is often more effective than preliminary inquiries with certain regulatory bodies.
From the perspective of procedural fairness, the burden of proving the justification for a dismissal usually rests with the employer. If the court determines that the dismissal was unlawful, it may order reinstatement and compensate the worker for the period of absence. In such outcomes, substantial compensation can be awarded, particularly when reinstatement is granted after a lengthy period of absence. These guidelines reflect the principle that employees, as the weaker party in the employment relationship, deserve robust remedies when their rights are violated. The legal framework aims to balance interests while ensuring that the employer bears the responsibility for any unlawful termination.
In practice, workers may have faced unusual or misaligned compensation practices in the past. One notable example involved compensation that was significantly higher than appropriate for certain roles, highlighting the importance of accurate payroll processes and diligent record keeping to prevent disputes over pay during and after dismissal proceedings. This underscores why keeping meticulous records and seeking timely legal advice are essential steps for anyone facing potential unlawful dismissal. (Attribution: Vladimir Atapin)