Employment Law: How Long Does It Take For Your Employee’s Discharge From Employment to Start a Compensation Claim?


What is Employment Dispute? Discharge of employment refers to termination of an employee’s work by a company. An employee can be permanently dismissed from his work by his employer or after a conclusion of a disciplinary hearing if the employer has not officially terminated the employee. An employee still regarded as employed even if he is not currently working due to an injury, dismissal, or layoff is also still considered employed even if the relationship between the employer and employee has never been terminated formally by a formal order of management.


Reasons for Employee’s Dismissal If you have been facing a situation where you have been asked to leave your job by your employer, and if you are in fact no longer able to work for that employer, you may still want to challenge your dismissal through the Employment Relations Authority (ERO). You will be required to appeal the dismissal through the Employment Relations Authority (ERO). Before appealing the dismissal, you have to first ensure that you are not eligible for unemployment benefits or other benefits due to your dismissal. You must file for an appeal within one month of the date of dismissal.

Do Not Call the Employer When You Have Been Given Notice of Dismissal Phone calls or letters written to you by your employer when you are informed of your dismissal are considered to be harassment. Therefore, such phone calls or written letters should not be done even if you are not asked to give your statement. Similarly, your employer may not send you any notice of dismissal. In addition, you should not contact the person who has informed your employer about your dismissal. In some cases, you may be asked not to attend any meeting or official proceedings arranged by your employer. It is always better to consult your National Industrial Relations Authority before such steps are taken.


Do Not Destroy Evidence of Your Employee’s Determination to Quit If you are facing a case of discrimination, harassment, dismissal or other similar issues, you may have to destroy any records or evidences of such discussions as per the employment solicitor. The employee solicitor will help you fight back against your employer’s attempt to terminate you. In such cases, the Employment Relations Authority may order you to produce such records on the basis of section 8 of the Human Rights Act 2021. Such evidences of your determination to quit can be used as proof that you were exercising your right to free speech and that your employer failed to follow the necessary procedure in termination.

Do Not Leave Work Until the Hearing or Appeal is Over If you are facing a case of wrongful dismissal, you may have to leave work immediately. Your employer may request you to return to work within a short period as he considers it necessary. However, if you have the necessary time to appeal, the employee solicitor will file a claim at the Employment Tribunal that the dismissal was unlawful. Therefore, before you return to work, you should make sure that your appeal has been submitted in time and that your employer is informed of the decision before you go back to work.


How Long Do You Have to Return to Work? Normally, you have up to two weeks to return to work after you have been made redundant or if your employer offers you alternative vacancies. Before you return to work, you should seek proper advice from an independent employment law specialist who can advise you on the implications of your employer’s decision as well as the possible steps to take in defense against your dismissal. If you have already been made redundant, you should consider how long it will take for your unemployment insurance claim to be approved and whether your redundancy pay and benefits package will suffice.

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