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PMEs against unfair dismissals - What are the 2 criteria?

User Fashuser
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Final answer:

The two main criteria for protection against unfair dismissals are proper reason and fair procedure. After probation, terminations require just cause and adherence to proper protocols. Racial discrimination cases require evidence of unequal pay for similar roles and qualifications.

Step-by-step explanation:

Protection against unfair dismissals may vary by jurisdiction, but generally focuses on two main criteria: lawful reason for termination and fair procedure. Employers during a probationary period can usually dismiss an employee without a reason; however, after this period, certain criteria must be met to avoid claims of unfair dismissal. Workers may be protected from unjust termination if they can demonstrate an absence of proper cause or a lack of due process in the procedure. In the context of racial discrimination, for example, an employee would need to prove inequitable treatment compared to a peer of a different race in a similar position, with equivalently aligned qualifications and expertise.

It is crucial for both employers and employees to understand these protections to ensure that the termination process is fair, and to avoid legal disputes that arise from potential discrimination or violation of labor laws.