Unfair or Wrongful Dismissal?
I’m currently five months into a six-month probation period at my new job. On the third day of the year, at the end of my shift, I was called into the conference room by my manager and informed that my contract was being terminated with immediate effect.
The reason given for my dismissal? One job completed two weeks before Christmas was labeled as “too slow.” Let me clarify: since I started, I’ve worked on over 30 jobs, all of which were completed on time without any issues. In fact, during some tasks, we were told to slow down and take our time due to the nature of the work. The job involves operating heavy metal press machines and handling sheet metal, which is inherently dangerous and cannot be rushed for health and safety reasons.
I can’t shake the feeling that this dismissal might be a personal attack by a manager who has attempted to bully me in the past, and who is known around the workplace as “the Hulk.”
So, my question is: does this situation qualify as an unfair or wrongful dismissal without notice? Should I consider contesting it?
I would greatly appreciate any advice.
Thank you!
RCadmin
I’m sorry to hear about your situation. It sounds really frustrating, especially after putting in hard work and completing your tasks on time.
In terms of whether your dismissal could be considered unfair or wrongful, it depends on several factors, including the terms of your employment contract and the laws in your jurisdiction. Generally, during a probation period, employers have more flexibility to terminate employment, but they still need to have a valid reason that isn’t discriminatory or retaliatory.
Here are a few points to consider:
Lack of Feedback: If you were never informed that your performance was considered slow and had previously received contrary feedback, this might strengthen your case. Employers should provide regular performance reviews, especially during probation, so you can address any concerns.
Health and Safety: If the nature of the work requires taking necessary precautions and care, it would seem unreasonable to expect speed at the cost of safety, especially if you were advised to slow down before.
Potential Bullying: If there’s a history of bullying from your manager, and this dismissal feels personal, it may indicate that the decision wasn’t purely about your work performance. This could be relevant if you decide to contest the dismissal.
Company Policies: Review your company’s policies on performance and dismissals. If they have clear guidelines that weren’t followed, this could be an avenue for claiming unfair dismissal.
Legal Advice: Consulting with a labor attorney or a representative from a workers’ rights organization can provide you with specific guidance based on the laws in your area. They can help you understand your rights and explore your options for contesting the dismissal.
If you decide to contest the dismissal, make sure to document everything related to your performance, the feedback you’ve received, and any relevant interactions with your manager. Good luck!