One of the most common questions related to the law that many people will face in the course of their lives is whether or not they can sue their employer for unfair dismissal. The nature of the modern workplace raises many issues which can lead to a situation which you are forced to resign or your employer choses to 'let you go' or 'give you the sack'. There might be a personality conflict with one of your bosses or coworkers. You may be performing tasks or duties that you do not really feel comfortable performing or the business that you are in may be facing tough economic conditions because of challenges which present themselves in the modern economic climate.
Luckily, if you are dismissed by your employer there are a number of legal remedies which might be available if you consult an employment lawyer for legal advice on the issue. There are a few different types of dismissal. Firstly, there are unlawful types of dismissal. This is where you are dismissed for a reason which amounts to discrimination because of your membership of a particular social group or class such as an ethnic group, a religious group, a national identity, your gender, sexuality, marital status or disability. All of these types of characteristics, when used as a reason for dismissing someone from employment amount to unlawful dismissal. The reason for the existence of the law of unlawful dismissal is to protect people from the harsh consequences which result from being singled out for being a member of a minority group such as the ones identified above. If you think that you have been dismissed unlawfully, you can complain to your local state department of labor or to the federal equal employment opportunities commission depending on the nature of the complaint.
There is another type of dismissal known as unfair dismissial which is usually described as being applicable in a situation where there is a dismissal that is 'harsh, unreasonable or unjust'. Usually the assessment of these criteria is very much a subjective assessment on the part of the judicial officer hearing the case and the allegation being made when suing for unfair dismissal is not as serious as when it involves what is known as unlawful dismissal. Again, it is possible to complain about the conduct of an employer in relation to unfair dismissal to the local state department of labor. However, the federal equal opportunities employment commission does not involve itseld with wronful termination cases of this nature.
ue to that fact, we are going to examine some various types of resignation that takes place in an official set up.
I. Frustrated Resignation
Frustrated resignation takes place where the terms that you had expected to take place are not being met. This type of resignation always builds up and forces the employee to resign after some times. The working environment could be so challenging for the employee to fulfill his obligation. It could be maybe the junior staff is not listened to by the management or matters affecting them directly are not taken care of. In some scenario the laid down procedures could be so rigid that it does not allow the employee to explore their talents. In addition, the structures laid down could be so dysfunctional. It could also be that the employer is not fulfilling their obligations that they had promised. Threats from the top most leadership also leads to this type of resignation.
II. Forceful Resignation
Another type of resignation is a forced to resign. This type of resignation always leaves a big gap to both the employer and employee. It happens abruptly without any form of prior notice hence making the affected party to suffer. A clear illustration is when an employee decides to resign without issuing any form of notice. The employer may try to prevent the resignation from taking place by not approving it but when it takes place, it can leave damage to the organization because of the vacuum left. On the other hand an employee may receive an abrupt letter forcing him or her to resign and this leaves the employee in a messy situation if the job he was holding was the only source of income. It takes place against the will of either of the party. It could range from performance issues, disciplinary actions, looking for greener pastures, boredom or any other issue. For instance an employee who is not meeting the set targets could be advised by the management to either resign or receive a termination letter.
III. Inclusive Resignation
More over there is an inclusive resignation. This resignation is always so formal and professionally applied and all parties are always aware of the intention of one party to resign. It could be that the tenure of the employment has come to an end. Also this type of resignation takes place when an employee has been promoted therefore he/she resigns from the role formerly held to another one. In this form of resignation, notice is always given in advance. The employee could be resigning may be for further studies or to engage in other jobs.
Fight for your rights under the law Unfair Dismissals Australia is owned and operated by AWDR Australia’s leading workplace representatives. We specialize in the resolution of workplace disputes and unfair dismissals. Our services also include workplace bullying, sexual harassment and discrimination. If you have an enquiry please take the time to get in touch with us here : https://unfairdismissalsaustralia.com.au/forced-resignation/