Unfair dismissal is to expel any employee without notice or due to any unjust cause. Unfair dismissal is also known as unlawful dismissal as all organizations have some rules and regulations. It is the responsibility of each organization to follow all its rules in this context. When an organization does not follow its own rules and regulations, it engages in unfair and unjust behavior. The same happens in the case of termination. When an organization has to terminate any employee, they issue short notice to that employee. The termination reason is mentioned within that notice. In this way, the organization maintains its credibility. When any organization starts unfair dismissal, it loses its worth and credibility as well (Southey, 2015).
Even if an employee has done something wrong, it is the organization’s responsibility to warn that employee and follow the proper procedure to terminate him/her at the right time. Also, the organization should give a fair chance to all employees for improvement. A single chance is everyone’s right. Things can be handled in a very good way with good handling techniques. Organizations must be able to handle the situation. Otherwise, it would not be easy to sustain employees through longer terms. Once an organization loses its worth and credibility, it is not easy to get it back. So it is very important to handle things righteously, and sensibly.
Do not lose the sense of even a minor mistake. But instead, deal with all the matters in a professional manner. Also, follow a proper channel for doing anything. When you, as an employee, see that your organization is conducting unfair dismissals, you should know how to avoid such a situation. Also, an organization can make it fair in different ways. These are highlighted and described as follows;
Proper Logic
The organization needs to mention a logical reason for the termination of any employee. This logical reason does not include verbal saying and personal opinions. But it should be in the form of strong evidence for the termination. Look into the whole scenario. The investigation is very important. A manager should not believe in the illogical aspect of things. First, he/she should find, and mention the logical reasons with evidence. Then, prove that evidence to others, and to the person who the organization wants to terminate. After that, the organization has to follow a proper channel for the employee’s termination.
Obscurity
If the employee does not follow the organization’s policies, it can be used as a logical reason for the termination. First of all, the organization should make it clear to the employee that these are some important organizational policies. Then, explain to the employee how he/she is not meeting the criteria mentioned within them (De Stefano and Aloisi, 2019). Divert his focus to the neglected part as the next step. Let him know where he/she lacks in relation to performance. Make it clear to him that the policies are important. By doing so, you can handle the tag of unfair dismissals. Before the termination of an employee, you should clear your path. Because after doing so, no one would call it an unfair dismissal.
Time Interval
Recommended by a dissertation help firm, before finalizing the decision, there should be some delay. First, the organization should warn the employee. Then, you can also issue him a warning letter. This warning letter should have the reason mentioned within it. Highlight the reason for the warning and mention that the employee would be terminated the next time it happens. You have to keep a check on the employee after you issue him a warning letter. If an employee maintains responsible behavior, then there is no need to terminate him at all. But if he/she keeps making the same mistake, and does not bother understanding the warning letter, you can terminate him/her.
The organization will have a fair right to terminate the employee in that situation. In this way, an organization can justify its action in a very clear and easy manner. With a clear justification, the organization maintains its credibility. It also makes sure its policies are sustainable through this aspect. If in an organization many of the employees are making the same mistake, a manager can call an urgent meeting. In that meeting, the manager can highlight major concerns and make them clear to every employee. In this way, the employees who are committing mistakes would get a chance to improve themselves.
Stability
In the policies of any organization, it should be mentioned what are the zero-tolerance issues for the organizations. So that if any employee is found doing such things, the organization has the right to take strict actions against him/her. For example, the organization does not compromise on discipline. This should be mentioned in the policies of that organization. When an employee is found going against the discipline, it would be his fault. Also, the use or supply of any drug is strictly prohibited on the premises of all organizations. If an organization finds an employee engaging in this illegal activity, it can terminate that employee on the spot.
It would be a fair right of the organization because it has already been mentioned in the organization’s policies. Organizations can also adopt the approach of ‘no go.’ They can mention it in the regulations of the organization, and ensure that all employees follow it. Improve an effective communication system with all the employees. When an organization fails in having a good communication system, it fails in the stability of work. On the other hand, with poor communication, the organization cannot handle its employees’ behavior.
Employee Response
As an employee, if you receive a warning letter, it would help if you improve your behavior. First of all, communicate well with your boss. Clarify what your own mistakes are, and where the organization might be making mistakes. Identify the basic points and start working on all of them. Go through the rules and regulations of the organization. Find out your own errors and work on them. If you ignore these matters, it would yield good results for you. The organization would not be at a loss, but you would be for sure. If you keep going with the same attitude, you will surely lose your job.
References
De Stefano, V. and Aloisi, A., 2019. Fundamental labor rights, platform work, and human rights protection of non-standard workers. In Research Handbook on labor, business and human rights law. Edward Elgar Publishing.
Southey, K., 2015. Unfair dismissal for Australian workers: the hundred-year journey. Asian Academy of Management Journal, 20(1), p.147. Retrieved from: http://eprints.usm.my/36636/1/Art_7_(147-164).pdf
