Dismissal is the fact or state of being dismissed, or the act of dismissing or removing an individual from position or service (Webster, 1991).To constitute legal dismissal, two requisites are required; first, an employer should give notice to the employee informing the latter of the ground for his dismissal, and second, a notice of the decision of the employer should be given to the employee. In the absence of these two requisites, the termination of an employee would be an illegal or unjust one. The present laws provide for varied and numerous protective measures to prevent illegal dismissals. The agreement to a contract between an employer and employee is given importance by law so as to provide the two parties with their respective rights and obligations to follow in dealing with each other. Although voluminous laws had already been enacted, labor conflicts decided upon by the courts and incorporated in the present jurisprudence, unjust dismissals still exist.
The present laws safeguarding the rights of the laborers of office workers are enough; there is no more need to create more laws. What the public need is for the governing authority to fully and efficiently execute and enforce these laws so as to make use of the maximum protection these present laws can offer to the working society.The existence of legal protection, right of contract and considerations of public policy would not be enough, and could be rendered futile laws incapable of protecting an individual from unfair labor practices, if not given full implementation by the authorities and also be respected by employers.Discrimination in dismissing an employee, firing a worker without notice, and dismissal without hearing his side would constitute violations against the due process clause.
These would exemplify three instances of unjust dismissals. Reference:Webster’s Ninth New Collegiate Dictionary (1991)9th Edition, Merriam-Webster Inc Springfield, Massachusetts, USA