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Words: | Submitted: Tue Jun 20 2006
... some extent arbitrarily defined...it is a form of words which could be translated as being equivalent to dismissal contrary to statute and to which the label unfair dismissal has been given1. Moreover, in some ways the statute does not adopt the most direct approach to the definition of an unfair dismissal. Once eligibility and dismissal have been established, the determination is twofold. First, the employer must prove the reason or principle reason for the dismissal. Secondly, for these potentially fair reasons to be actually fair in any particular case it must be reasonable in all the circumstances for the employer to treat the reason he has given as a reason to dismiss. When an employment tribunal finds that a complaint of unfair dismissal is well founded, it may make an order for the reinstatement (this is to give back the old job on existing terms, including all back pay, with full ...
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