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APPENDIX C: DEFINITIONS OF COMMON PROBLEMS LEADING TO PERSONAL GRIEVANCE CLAIMS
For the purpose of the report descriptions of the most common problems leading to the personal grievance claims mediated by the Department during the survey are set out below.
Unjustified dismissal
If an employer decides to dismiss an employee, there must be a good reason for a dismissal and the dismissal must be carried out fairly. If not, the dismissal may be unjustified.
Unjustified action
A decision or action made by an employer that disadvantages an employee's employment.
Constructive dismissal
If a decision or action that an employer makes is not fair and reasonable and effectively forces an employee to resign, the resignation may be a constructive dismissal. A constructive dismissal is a type of unjustified dismissal.
Redundancy
This happens when a position filled by an employee is no longer needed, or the employer has made a genuine decision for commercial reasons to discontinue employment. If a redundancy is not based on one of these factors or the correct process is not followed, an employee may challenge the redundancy on the grounds that the dismissal was unjustified. An employee could also possibly bring a claim of unjustified disadvantage, based on actions that occurred during the redundancy process.
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