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NEWS · MOM · Employment practices

Wrongful dismissal guidance: discrimination and retaliation

MOM publication date:

What the release reports

From April 2019, broader Employment Act protection and tribunal handling cover wrongful-dismissal claims, with TADM mediation first.

Details and conditions

Examples include discriminatory dismissal, benefit deprivation, punishment for exercising rights and false reasons. Genuine misconduct, poor performance or redundancy may support lawful dismissal.

Context and follow-up

Mediators and tribunals use the guidelines’ principles and illustrations. A label such as redundancy is not sufficient without genuine facts; the comparison table below separates the kinds of reasons rather than guaranteeing every dismissal in a category is lawful.

Dismissal illustrations

Potentially wrongfulPotentially justified
DiscriminationProven misconduct
Avoiding benefitsGenuine poor performance
Retaliation for rightsActual redundancy
False stated reasonReason supported by facts

Assess the full facts and guidelines; categories do not decide every case automatically.

Official source

This report is independently written from the MOM release dated above. Case status, policy announcements and historical figures refer to that release.

Read the complete MOM release ↗

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