Working in any organization requires the employed personnel to be protected by some laws so that the employer cannot resort to unfair means like sacking during the tenure of the service. However, the problem of dealing with Unfair Dismissal claims for lazy workers is an issue because if a labor is not working in a productive manner then dismissing that particular person from service is a sensible step but the law does not vouch for unreasonable dismissal.
Understanding the legal aspects involved in discharging a person from service
Before delving into the debate of dismissal of workers on the basis of productivity it is first necessary to know the meaning of the term unfair dismissal and the legal bindings associated with it.
It is not in the right of an employer to remove any person from service suddenly without giving any proper reason. There are specific reasons present that can be cited by the employer for firing the employee but if the reason of the manager of the company is not enlisted in the clauses present for sacking an employee given by the law then the owner of the organization cannot remove that person from service. The Unfair Dismissal claims for lazy workers are difficult to deal with because it is quite problematic to identify genuine claims of worthy workers from ones that are raised by employees who hardly do any task on time.
Laws present for identifying the accuracy of dismissal claims
According to the current mandates of the law governing the employees and the employer there is a specific body which is known as the Fair Work Commission that deals with issues related to the firing of employees. This established body is present to identify Unfair Dismissal claims for lazy workers. The commission notes the following things in case of dismissal from service:
- The first thing that is verified is the sacking of the employee. At times false claims are also raised so the prime task of the commission is to identify if a worker has been truly fired or not.
- The next issue is to uncover the reason for the firing of the concerned worker. If there is any hint of unjust firing or force has been used to sack the worker then the commission will definitely take necessary action.
- The reason was given if any by the employer for the sacking will be evaluated by the commission. If it is found that the dismissal has taken place by means of force or is not reasonable according to the norms then the sacking is treated as unfair by the commission.
- There was no valid reason pointing at redundancy.
Once the claim of unreasonable sacking has been raised then the Fair Work Commission will follow the above-mentioned steps to determine the truth value of that claim. If the claim is justified then the commission can either command to initiate reinstatement or order the employer to give requisite compensation.