Employment Rights: Unfair Dismissal

Q: Can I be fired with immediate effect?


A: Part 3

Unfair dismissal occurs when an employee can prove that the reason for the dismissal, or the process used to dismiss them was "unfair". So obviously, the question you're asking at this point is...


What constitutes Unfair Dismissal?
A - The employer dismisses the employee without a fair reason as listed below:
    1. Gross Misconduct
    2. A reason related to the employee's capability or lack of qualifications
    3. Retirement of the employee
    4. Redundancy
    5. A legal requirement prevents the employment continuing (e.g., the employee is employed as a driver but no longer holds a driving license)

B - The employer fails to follow the correct dismissal process
    1. Sending a letter
    2. Arranging a meeting
    3. Telling you their decision
    4. Allowing an appeal


C - The employer dismisses the employee for an automatically unfair reason.

Automatically Unfair Dismissal
There is NO defence to an automatically unfair dismissal, which can include:
1.) Dismissal for asserting a statutory employment right

2.) Unfair dismissal before, during or after business transfers

3.) Discrimination

4.) Unfair retirement

5.) Dismissal in violation of pregnancy/maternity rights

6.) Dismissal following a failure to comply with statutory disciplinary or grievance procedures

7.) Unfair dismissal related to working patterns & time

8.) Unfair dismissal for an issue related to trade unions

9.) Unfair dismissal during an industrial dispute

10.) Dismissal for a reason connected to the National Minimum Wage

11.) Dismissal relating to activities as an occupational pension scheme trustee

12.) Dismissal for taking legitimate steps to ensure the observance of health and safety work place requirements

13.) Dismissal for carrying out the functions of an elected employee representative or candidate for election or taking part in an election

T&T Employment Discrimination (Part 1)

Despite living in London, I have decided to do my Employment Law Masters dissertation on Employment Discrimination in Trinidad and Tobago because the majority of people in T&T have no clue about their rights in regards to employment practices. The aim is to educate citizens and encourage the government to enforce policies to allow our heterogeneous society to be reflected in both the public and private sectors.

Coincidentally, while researching and doing my proposal, Nizam Mohammed, the recently fired Police Service Chairman made a comment that there are too many Africans in the Police Service. Without getting into politics and detail, the comment lacked a historical perspective, but at the same time is true. This same imbalance in the TTPS can be seen in reverse in the medical field and on copious state boards. To me, the stark irony of Nizam's comment was that he, as the Chairman of the Police Service, was NOT of African descent.

Due to the amount of information to impart, I will have to spread this over the next few weeks, today starting with the characteristics that can precipitate discrimination. It is illegal to discriminate based on the following characteristics:

(a) the sex - does not include sexual preference or orientation

(b) race - a group of persons of common ethnic origin, colour or of mixed race

(c) ethnicity;

(d) origin, including geographical origin;

(e) religion;

(f) marital status; or

(g) Disability - includes:

• total or partial loss of a bodily function;

• total or partial loss of a part of the body;

• malfunction of a part of the body including a mental or psychological disease or disorder; or

• malformation or disfigurement of part of the body