Home > Regions > North America > UNFAIR DISMISSAL


Without question, it is more common to hear of Wrongful Dismissal, than Unfair Dismissal. Perhaps this is more due to ignoranceof the law, than anything else.

Notably, Sections 34 and 35 of the Employment Act makes provisionthus:

34. Every employee shall have the right not to be unfairly dismissed, as providedin sections 35 to 40, by his employer.

35. Subject to sections 36 to 40, for the purposes of this Part, the question whether the dismissal of the employee was fair or unfair shall be determinedin accordance with the substantial merits of the case.

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