terminations are categorized as ordinary, disciplinary, or layoffs, and are prohibited by law for reasons such as gender or age. a dismissal without just cause constitutes unfair dismissal, and the employee may seek redress from the Labor Commission.

what is a termination?

in the course of your career, you may encounter unexpected situations, especially when your employer unilaterally terminates your employment against your will, which is called termination. because dismissal can have a significant impact on workers, both financially and psychologically, the Labor Standards Act places a number of restrictions on dismissals.

not all dismissals are justified, and those that are made without just cause can be considered unfair dismissals, which are protected by law. Let's take a closer look at the different types of dismissals and what constitutes an unfair dismissal.

the 3 types of terminations

ordinary termination

an ordinary dismissal is when an employee has a mental, physical, or other personal condition that makes it difficult for them to perform their normal job duties.

attribute description definition termination for inability to perform work due to personal circumstances examples serious illness, personal issues preventing work criteria for determination significant decline in job performance

disciplinary dismissal

a disciplinary dismissal is a dismissal for behavioral reasons, which generally means a violation of employment rules or collective bargaining agreements.

attribute description definition termination due to a breach of an employee's obligations examples truancy, verbal abuse, assault, company disparagement criteria for judgment violation of employment rules and collective bargaining agreements

layoffs

a layoff, also known as a termination for business reasons, is when a company is forced to lay off workers due to business difficulties.

attribute description definition termination for business reasons essential requirements exigent business need, efforts to avoid layoff, application of fair standards notice Deadline notify labor representatives at least 50 days prior to termination

reasons that cannot be dismissed

the Labor Standards Act and related laws explicitly prohibit dismissal for certain reasons. If you're fired for any of these reasons, it's likely that you've been unfairly dismissed.

here's what you can't fire for

dismissal based on gender is prohibited. you can't treat workers unfairly because they're male or female.

age-based termination is also prohibited. you can't fire someone because they're younger or older.

you also can't fire someone for taking parental leave or spousal leave.

dismissal for union membership and activity is also unfair.

understanding the criteria for unfair dismissal

unfair dismissal is when an employer dismisses a worker without just cause. Article 23 of the Labor Standards Act prohibits an employer from dismissing, leaving, suspending, transferring, reducing, or otherwise punishing a worker without just cause.

when determining whether a dismissal is unfair, the Labor Commission considers the existence of a reason for the dismissal, the legality of the dismissal process, and the appropriateness of the timing of the dismissal. If any of these are found to be inadequate, the dismissal may be recognized as unfair.

how to apply for labor board relief

if you've been unfairly dismissed, you can file a claim with the Labor Commission. You have three months from the date of the unfair dismissal to file a claim. if your claim is granted, you may be entitled to reinstatement or back pay for the time you were fired.

frequently asked questions

Q. how long do I have to file for unfair dismissal relief?

A. You have three months from the date of the wrongful termination to file a claim with the Labor Commission. if you miss the deadline, your claim may be dismissed.

Q. can a layoff be considered an unfair dismissal?

A. Yes, a layoff can be an unfair discharge if it doesn't meet the statutory requirements, which include a compelling business need, efforts to avoid layoffs, application of fair criteria, and 50 days' notice.

Q. can I be unfairly dismissed during my probationary period?

A. No, you cannot be fired without cause during your probationary period. However, if there is a reasonable cause, such as lack of performance, you may be justified in terminating your employment.

Q. i was notified of my termination orally, is this considered a dismissal?

A. Your termination must be in writing to be effective. verbal terminations are more likely to be recognized as unfair dismissals due to procedural flaws.

conclusion

dismissals can be categorized into ordinary dismissals, disciplinary dismissals, and layoffs, and dismissals based on gender, age, or parental leave are prohibited by law. if you're fired without just cause, it's an unfair dismissal, and you have three months to file a claim with the Labor Commission.

let us know if you've been wrongfully terminated or have any questions about being fired in the comments. if you'd like to receive more useful labor law information, please subscribe and like us.