Are you looking to appeal your unfair dismissal? If yes, you have come to the right place.
Unfair dismissal is the harsh and unjustified release of an employee from their workplace. If the employer fails to give proper reason to deem the dismissal fair, it is effectively a wrongful termination.
The process of appealing an unfair dismissal involves the help of NC wrongful termination and following these steps.
Resolving Case with the Employer
Talking to the employer about the grounds of dismissal to try and overturn the release is a start. This stage gives the employer a chance to rethink and reconsider their decision before taking the issue to the next stage. You and your employer may try conciliation through labor agencies to try and solve the issue. If this does not work and the employer still does not believe in reason, raising formal grievances in court is the next step.
If you proceed to court, ensure you inform your employer about the course of action you are taking in line with your dismissal. The employer has an obligation to follow the guidelines of the relevant conciliation and arbitration body.
However, these requirements are not legally binding, and these labor agencies have policies regarding the matter.
Raising the Appeal
If you deem your dismissal unfair, you can logically appeal it in court. Raising the appeal within three months of dismissal is a good idea, as late appeals could lead to further complications and penalties. Ideally, you should consider appealing within five days of release. To lodge the appeal and set the grounds for the hearing, you need to submit a formal grievance letter.
The letter should highlight any matters of importance for investigation and use during the hearing. If you were unfairly dismissed for an automatically unfair reason, it does not matter how long you worked for the employer. Also, you cannot raise the appeal if you are a temporary worker, a self-employed person or not an employee for the employer.
The Hearing
An appeal may involve another hearing for the original case or a review of the initial decision that was made. A trade unionist or the workplace representative may join you in the hearing. In most cases, the hearing may go a whole way to the decision by the relevant employment tribunal. However, you may get a settlement in between, bringing the hearing to a premature end.
If you agree with an employer not to make a complaint, appealing the dismissal is impossible. Keeping copies of any documents exchanged during the complaint or before is good practice.
Compensation
With the help of the right kind of lawyer, the employment tribunal may find you right and rule in your favor. They may give you the chance to be re-employed in your former job or capacity. Compensation is paid to reset you financially if you were not sacked in the first place. No compensation is offered for feelings or emotional hurt. You will get compensation if you have a successful claim for being unlawfully discriminated against in a workplace.
There is no minimum basic compensation in unfair dismissal cases. The employment tribunal will decide a figure that it deems fair enough for the dismissal. Some types of unfair dismissal claims have no maximum limit.
