Unfair dismissal is not a type of dismissal , but rather the consequence of having carried out a type of dismissal erroneously or alleging causes that are not legally established or that are not true.
If as a company we find ourselves in the situation of having to dismiss a worker, this situation must be due to one of the reasons established in our Workers' Statute, which will usa telegram lead lead us to carry out one of the following types of dismissals: disciplinary dismissal, objective dismissal or collective dismissal. As you can see, there is no option to carry out a "so-called" unfair dismissal.
So, what is unfair dismissal ?
I said it at the beginning, it is the consequence of having carried out a disciplinary dismissal, an objective dismissal or a collective dismissal poorly, either due to errors in the way it was processed or due to a lack of causality. But, in addition, for a dismissal to be unfair it is necessary for it to be declared as such by a Judge and it will have a series of consequences for the company, among other options, the payment of compensation to the worker.
Why this confusion in the concept?
Simple, some companies, faced with the need to dismiss an employee without any legally established cause (I am not going to go into the whys), at the same time of informing the employee of the dismissal, they acknowledge the unfairness of the dismissal and the amounts to be compensated in order to try to reach an agreement. Hence, some people understand unfair dismissal as just another type of dismissal.
- Board index
- All times are UTC
- Delete cookies
- Contact us