Nagarkar Vinayak L
Insolvency N Gst Professional

Introduction and Definition of Unfair Dismissal
‘Unfair dismissal’ is a term used in Labour and Employment laws. Before moving to the meaning of the term, it is important to know the importance of such laws in our country. In developing countries like India, labourers/ employees are the most valuable asset which can help in transforming the country into a developed nation. The business and economy, undoubtedly, are growing at a very high pace. Hundreds of industries, manufacturing units, factories, MNCs are opening every day. In order to ace this competition, employers focus on price and goods efficiency which in turn result in neglecting the rights of labourers/ employees. Illiterate, poor and unaware about their rights, labourers often fall prey in the hands of their powerful employers. This is the reason we need labour and employment laws. To protect labourers from exploitation, to improve industrial relations between working class and management, to ensure job security, etc.
All credit to the student author of this article which explains fair and unfair dismissal.
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Dear Colleague,
Dismissal may be regarded unfair when it is made:
1. In utter violations of the principles of natural justice ,
2 . Without framing charges or/and without conducting domestic enquiry ,
3. Without giving fair and proper opportunity to defend his/her case,
4. Relying on the terms of appointment letter, disguising dismissal under the garb of simple discharge to avoid going through disciplinary procedure,
The above is the bottom line of the Apex Courts' judgements during past 50+ years on this subject but by no means is comprehensive .
Vinayak Nagarkar
HR- Consultant
Dear Colleague,
Adding one more point to my earlier post, that dismissal will also be unfair when the action of dismissal is too harsh or disproportionate to the gravity of the alleged misconduct/s
Vinayak Nagarkar
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