Every company holds a different set of rules and regulations regarding employment policies. A company can perform well if these rules are followed by both the workers and the employer. But if one of the parties decides to move differently, it can result in a loss to either one of them.
Each employee working in a firm possesses some legal rights, which play an important role in providing security to his job. At the same time, there are some rules which result in terminating an employee.
Suppose the owner of the company does not hold the right justification against the termination of any employee. In that case, an employee can take help from Ontario wrongful dismissal law that can provide him with a chance to get back to the previous job.
Sometimes, if the wrongful dismissal law results in favor of the employee, the employer has to pay some penalty in different forms that can act as compensation to the employee. It is, however, important to check the eligibility criteria for filing a wrongful dismissal law before finally placing it in court.
Several legal firms work to provide employees with fair results and get proper compensation regarding wrongful dismissal law from their employer. Some of the known and reputed companies, such as Arora Legal Services, work for the betterment of the employees and hence play a vital role in safeguarding their rights regarding employment.
Arora Legal Services is there to help people regarding employment laws and help them in cases related to landlord and tenant disputes, federal tribunals, dispute resolution, notary services, and traffic ticketing.
Different Types of Dismissals:
There are different types of dismissal laws and, therefore, must be dealt with accordingly to have the benefit of claiming them. Following are the different types of dismissals:
· Unfair Dismissal:
The employees always sign a contract before providing their services to a firm or organization. This employment contract is signed between two parties, which assures everything will be according to the guidelines mentioned in the contract.
This contract holds different features and points regarding the dismissal of the employee. As the candidate signs it, it means that he agrees with everything that has been stated in the contract.
If that employee is dismissed according to the rules mentioned in the contract, this dismissal is fair, but if the employee is dismissed due to unknown reasons, then this dismissal can be claimed in court as an unfair dismissal, which may result in helping the person get his job back.
As the employee files a complaint of unfair dismissal against the employer, the employer is required to provide a valid and authentic justification against it to prove himself right. Otherwise, he is supposed to compensate for his deed by paying the penalty for his unlawful act.
Losing a job proves to be one of the worst nightmares for many jobholders, but if this loss of a job is based on unfair dismissal, it proves to be the worst of all, and it seems as if life has deteriorated in a matter of few seconds.
Not only a person feels difficulty in dealing with basic requirements of life such as paying utility bills, rents, education, and health charges but looking for the basic needs of the family also becomes entirely difficult.
In addition to all of this, a feeling of injustice always stays on the top, and this takes away the comfort and peace of mind of an individual. This results in making him think of different matters in a stressed and depressed way, and it can cause different further issues.
If this happens with you or your friends, you must fight against this injustice to keep your track straight towards success and goals. You may take help from any of the legal firms that have experience in dealing with such cases so that you can rise as a survivor and not the victim of this injustice.
· Constructive Dismissal:
Constructive dismissal is a different type of dismissal as compared to unfair dismissal. This dismissal is associated with the behavior of your boss. Obviously, a person feels confident in an environment that is conducive and helps in progress.
In contrast to this, if a person works in a discouraging environment and leads to humiliation or embarrassment without any proper or valid cause, one may find it challenging to work over there.
In such a case, the behavior of the boss plays a role in the dismissal of the employee as he is forced to do so. In this type of dismissal, an employee signs for resignation on his own, but if the behavior of the boss has been proved to be demotivating and aggressive, one may apply to a constructive dismissal against the employer.
This case requires enough and sufficient proof against the boss to keep the process simple and easy.
· Wrongful Dismissal:
Wrongful dismissal is a whole changed concept as compared to both unfair and constructive dismissals. A person may file for both unfair and wrongful dismissals at the same time, but each of these dismissals is judged by considering different merits.
Wrongful dismissal is explained as a dismissal in which the employer dismisses an employee by breaking the provisions mentioned in the job contract. Most of the offices require notice before a said period from the employees before leaving the job.
In the same way, the employer also needs to provide the employees with a notice for a particular period before they are said to leave. If the employer does not meet the statement of the contract and dismisses the employee without issuing a notice, it results in a wrongful dismissal.
So, one can easily claim wrongful dismissal if the employer has failed to follow the contract. For instance, if the employer has not provided any notice before termination or has given a notice not containing a sufficient period for the employee, this falls under wrongful dismissal.
To keep you protected against all these dismissals, one must have enough knowledge regarding all the rules and regulations dealing with employment laws. This saves one from wasting time in unnecessary affairs before finally filing against a particular case.