Meaning and burden of proof
Dismissal covers employer-initiated termination with or without notice, salary in lieu and involuntary resignation. When misconduct or poor performance is asserted, the employer must prove it. Misconduct requires due inquiry and is the only legitimate ground for dismissal without notice. Poor performance ordinarily requires notice. A termination with notice and no stated reason is presumed lawful, but the employee can establish a wrongful motive.
Nine factual comparisons
The guidelines distinguish legitimate misconduct, performance and redundancy from discrimination, loss of entitlements, retaliation and fabricated reasons. Notice alone does not cure an unlawful motive. A mediation request can be filed with TADM; the guidelines also inform Employment Claims Tribunals.
| Facts | Assessment |
|---|---|
| Teacher hits a child; inquiry confirms misconduct | Not wrongful after a fair inquiry |
| Repeated documented warehouse errors; notice given | Poor-performance termination can be justified |
| Contractual termination without stated reason or contrary evidence | Presumed not wrongful |
| Bar role genuinely removed in restructuring | Genuine redundancy |
| Racial remarks corroborated by colleagues | Wrongful discrimination |
| Pregnant employee removed to avoid maternity benefits | Wrongful deprivation of benefit |
| Worker punished for declining overtime for infant care | Wrongful punishment for exercising rights |
| Dismissal after a TADM claim for unpaid salary | Wrongful retaliation |
| Claimed redundancy but the same vacancy is refilled | False reason makes dismissal wrongful |