Unfair Discrimination In The Workplace

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Fairness

At the workplace

Remedies under unfair dismissal law are intended to ensure that a ‘fair go all round’ is accorded both the employer and employee concerned.

Firstly, the employee must be made aware of allegations concerning his/her conduct so as to enable him/her to respond to them. Secondly, the opportunity to defend implies an opportunity that might result in the employer deciding not to terminate the employment if the defense was of substance. An employer may simply go through the motions of giving the employee the opportunity to deal with allegations concerning conduct when, in substance, a firm decision to terminate had already been made which would be adhered to irrespective of anything the employee might say in his or her defense. This would not constitute an opportunity to defend.

However, not all procedural defects, either singularly, or in combination, will result in the tribunal finding that a particular dismissal is ‘harsh, unjust or unreasonable’. The seriousness of (say) proven misconduct may not necessarily be outweighed by any identified procedural fault.

Fair Vs. Unfair Discrimination

Discrimination is regularly practiced by insurance companies and it's quite necessary. Before going further, let's make an important distinction. Insurance companies must practice fair discrimination. Discrimination refers to making choices and the practice makes sense as long as the choices are not unfair.

Unfair Discrimination

Unfair

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