Question

Define Fair Termination

State and explain the statutory remedies for Unfair Termination

Answer 1

Fair termination refers to the dismissal of an employee with a valid reason and in a lawful manner. The valid reason could be in the context of conduct, capacity, redundancy and performance of the employees. Unfair termination happens when an employer terminate an employees without noticing him or her and with not a lawful or reliable reasons.
The statutory remedies for unfair dismissal involve reinstatement, damages in place of reinstatement and back pay. The workers of the USA are protected under the Employment and Labor Laws and Regulation 2022, from unfair termination. Every employee could bring a claim of unfair dismissal after his or her service for one year in the organization as well as claims for the redundancy pay after his or her service for two years. Unfair termination is a statutory right offering employees with at least one year service right for complaining to a tribunal that he or she is not being treated reasonably or fair by his employers.
If the employer is found guilty, the remedies for the successful claim could be front pay, back pay, lost benefits, attorney’s fees and cost, injunctive relief, punitive damages and equitable relief.