Some of the most important laws that almost all of society interacts with are the ones that govern employment. Most of society (hopefully) will never get charged with a crime, go through divorce proceedings or get sued in court. But one thing that, more or less, everyone hopes (and needs) to do is to be gainfully employed. And as employees, you have a number of rights, which oftentimes are not worth much, because you may not know what they are.
The most important right that you have as an employee is the right not to be fired from your job, unless your boss has a good reason and has followed the proper process. And if your boss fails to comply with these laws, then your dismissal may be unfair and you may be entitled to get compensation and/or to regain your job.
It is not necessary for every employee to know exactly what would be a good reason for dismissal or what the ‘proper process’ for a dismissal is. At the very least, all employees should know that the following examples may amount to an unfair dismissal:
If your boss or fellow employee accuses you of misbehaviour, and your boss fires you without conducting a proper investigation and giving you a fair opportunity to respond;
If you have been fired for “performing poorly” at work, but your superiors have not provided you with the necessary assistance and given you opportunities to improve your performance;
If your boss gives you notice of termination and there is no valid reason for firing you (even if your employment contract states that it can be terminated by either party giving notice to the other);
If you are dismissed from your job, for no reason, with or without notice;
If your boss forces you to resign; or
If your employment contract is allowed to expire without being renewed.
In addition to the examples listed above, your employer may also be acting in breach of the law if he/she is:
withholding or reducing your salary;
mistreating or discriminating against you (especially, if it is to the extent that you no longer feel comfortable in the working environment); or
making major changes to your job (eg. changes in working hours or shift systems), without your consent, particularly if it is causing you significant difficulty.
Our laws have provided a lot of mechanisms to protect employees. And all of these rights and protections extend to you even if you do not have a written contract of employment. However, in order to benefit from them, employees must equip themselves with the proper knowledge and have the bravery to take action, when the need arises.
Employees must never be fearful of seeking legal advice or taking legal action. And when doing so, there should not be any unnecessary delay as, for example, in the case of an unfair dismissal, there is a 6 month time limit by which you have to bring the case. It is always advisable to seek legal advice as soon as you are dismissed or encounter workplace issues.
Another important thing to note is that there are many lawyers, trade unions and government institutions (Legal Aid, Equal Opportunity Commission, Ministry of Labour, etc) that are willing to provide advice, free of charge. Defending your rights may seem daunting at first, but in the long run, it is a far better choice than remaining silent- it is the only way to gain the respect and fairness that you deserve.