(c)Legislation and provisions Unfair Dismissal Act 1977-2007 – Provisions Applies to all employees working under a contract of employment and who have worked with the employer for at least one year The burden of proof is on the employer to prove the dismissal was fair Dismissal can be justified as fair on the following grounds: Incompetence, inadequate qualifications, unacceptable behavior, redundancy, incapability, legal reasons Claims can be made through a rights commissioner or direct to the Employment Appeals Tribunal A complaint can be made inside a period of six months from dismissal A successful complaint may give the employee a redress of reinstatement, re-engagement, or compensation Effects on the industrial relations problem A detailed procedure will have to be followed to resolve the dispute Detailed records will be required to prove the dismissal was unfair The firm could negotiate a resolution with the employee without a legal process Other workers may support the dismissed employee which may cause further problems with them There will be high costs in terms of time and effort defending the claim
(c)Legislation and provisions Unfair Dismissal Act 1977-2007 – Provisions Applies to all employees working under a contract of employment and who have worked with the employer for at least one year The burden of proof is on the employer to prove the dismissal was fair Dismissal can be justified as fair on the following grounds: Incompetence, inadequate qualifications, unacceptable behavior, redundancy, incapability, legal reasons Claims can be made through a rights commissioner or direct to the Employment Appeals Tribunal A complaint can be made inside a period of six months from dismissal A successful complaint may give the employee a redress of reinstatement, re-engagement, or compensation Effects on the industrial relations problem A detailed procedure will have to be followed to resolve the dispute Detailed records will be required to prove the dismissal was unfair The firm could negotiate a resolution with the employee without a legal process Other workers may support the dismissed employee which may cause further problems with them There will be high costs in terms of time and effort defending the claim
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