Unfair dismissal is not wrongful dismissal which is dismissal in violation or breach of an employment contract which can be adjudicated in the British court system. Unfair dismissal taken to the highest authority is a claim that belongs in the Employment Tribunal system. However wrongful dismissal can become intertwined with and unfair dismissal issue because so many legal issues do become intertwined over time. Often unfair dismissal refers to a redundancy action or redundancy payments or redundancy notices.

A dismissal may be considered unfair if an employee is dismissed unfairly even though the employee had no problems in the performance of their work. Another dismissal considered unfair is if an employee is dismissed with the employer following the specific dismissal procedures set up either by an employment contract, trade union rules for dismissals or redundancy dismissals according to British laws. There are some automatic reasons for filing a valid claim with an Employment Tribunal such as being dismissed because you were pregnant and you wanted to take maternity leave.

To be dismissed unfairly is not the same as a fair dismissal which may fall under various categories such as drug or alcohol abuse on the job, poor attendance or failure to show up for work on time, poor discipline, inability or refusal to keep up with technological changes on your job such as computers that you were trained on and expected to use but for some reason refuse to use, or of course theft or some other form of illegal action.

Also automatic dismissal that is unfair may be an easy case to prove if you chose to ask for or take an action involving one of an employee statutory employment rights such as serving jury duty, paternal leave, requesting flexible working hours or arrangements or asking for guaranteed pay when work is not available. If an employee is dismissed for any of these reasons and there a re some others that apply here, it is fairly easy to document these actions. The employee just has to remember to keep explicit notes of times and conversations so that they have the backup required to carry through with this claim.

However that employee may not be expecting to be dismissed for any of these reasons so they don’t think to keep notes or emails or anything to prove their claim. It would seem that if an employee really disliked their job so much that they automatically took this type of defensive action they might be better employed elsewhere. There is also that employee who might be termed a vexation litigant who keeps on repeatedly making claims for discrimination or harassment or forms of dismissal and this person is labeled a vexation litigant and is barred from bringing claims to the Employment Tribunal.

Of course redundancy is a form of dismissal which may also be unfair in the way the employees are picked for dismissal. This dismissal should be fair and objective and based on evidence and not just because a manager decides he wants to dismiss an employee.

Termination of Employment

The Labour Protection Act B.E. 2541 (1998) (“the Act”) applies to all businesses operating in Thailand. The employer/employee relationship is regulated under Thai law, including matters relating to the termination of an employee.

The main reasons why Thailand employers may consider payroll cuts by terminating staff can be summarised briefly as economic, poor performance or misconduct.

It is common in the Thailand legal environment that the Labour Court tends to favour the employee and accordingly it is extremely important that business owners in Thailand adopt correct procedures insofar as termination of their employees.

Termination Payment Calculation Summary

The following is a summary of the quantum of severance pay which must be paid by an employer to an employee under Thai law if Section 118 of the Act is applied. This is calculated in accordance with the employee’s length of service.

120 days but less than 1 year – 30 days pay
1 year but less than 3 years – 90 days pay
3 years but less than 6 years – 180 days pay
6 years but less than 10 years – 240 days pay
more than 10 years – 300 days pay
Exclusions to Payment of Severance Pay

A. Short or Temporary Employment Periods

Labour laws in Thailand afford business owners certain exclusions from the requirement to pay severance payments if the following conditions apply:
An employee has served the company for less than 120 days.
An employee whose employment is stipulated in a contract set for a definite period and the employment is terminated at the end of that period, if this form of employment is in compliance with the Thai labour laws and regulations (Section 118 of the Act).

Employment with a definite period is allowed only for the following categories;
Employment on a specific project which is not the normal business of the employer;
Employment for occasional or temporary work; and,
Seasonal employment.

A written employment contract is required for the above with clauses stipulating the commencement and completion dates. In addition, all tasks must be completed within two years.

B. Termination with Cause

Under Section 119 of the Act, there are certain exceptions which enable an employer to avoid the payment of severance to an employee and which are as follows:-

The employee performs dishonestly or intentionally commits an offence against the employer;
The employee intentionally causes the employer to suffer loss;
The employee causes serious damage to the employer as a result of negligence;
The employee violates the employer’s working rules or regulations or the employer’s orders which are legal and fair where the employer has already given the employee a written warning, except in a serious situation where the employer is not required to provide a warning;
The employee neglects to complete his or her duties by not attending work without justifiable reason for three consecutive working days; and,
The employee has spent time in prison by final judgement, with the exception of negligence or petty offences.
The exceptions to which employers are liable for severance pay are stipulated in Section 119 (1) – (6) of the Act.

If the employer terminates the employment contract of the employee for other grounds, the employee is entitled to receive severance pay.

Nevertheless, to terminate the employment of any employee on the grounds stipulated in Section 119 of the Act, the employer must provide a letter of termination to the employee with the reasons for termination. Note that in accordance with Thai law, the reasons provided must be real or relate to the actions for termination of employment.

Special Severance Pay

In the case where an employer relocates the place of business in Thailand which affects the normal living of an employee or his/her family, the employer shall notify the employee at least 30 days before the date of relocation. Thai law allows the employee to refuse to move and become entitled to receive severance pay. Failure to notify the employee may result in a special severance payment in lieu of the advance notice of 30 days.

With respect to the termination of the employment on the basis of reorganising the Thailand based business, production line, sales or services due to the adoption of machinery or technologies which result in a reduction of the number of employees, the employer has a duty in compliance with Thai law (Section 121 of the Act) to notify the employee as well as the labour inspector not less than 60 days prior to the contemplated date of termination. Failure to do so will result in a special severance payment in lieu of the advance notice of 60 days being paid in addition to the normal severance pay.

There are certain jobs in our world that will withstand the test of time and go beyond what technology can possibly take from us. Sure there is voice recognition software and ways of recording trials that are too numerous to count, but there is something else needed in a court reporter.

Somebody has to be accountable and someone has to be able to answer the call for what is requested during the trial. Such an important job can’t simply be trusted to software. So, to get this reliable job, what would you have to do?

First you must understand that being a courtroom reporter or stenographer is not as easy as simply saying that you want to do it and doing it. Instead, you must take courses and pass exams to become certified, there is no other way to get this done.

So, understanding that it is required to be certified in the craft is one thing, but how do you get the training that is needed in order to pass the certification test to be able to be a court stenographer?This is a much easier thing to explain as there are a few ways to go about getting the training necessary to complete this task.

Here are three ways to get the training or education that you need:

Get hired by a company that provides court reporters or stenographers and have them train you in what you need to do and how to pass the exam. Businesses do this all the time in fields that require licenses so that they can ensure that they are protected from all of the liabilities involved. Get your employer to pay for your training and the training is sure to be quality.
Take a course or courses at your local community college or vocational institution in the art of court room reporting. These classes are offered regularly as this is a field that is always in need of reporters and this is not a craft taught at the university level.
Get on the internet and start searching for the right company online to train you in how to be a quality court reporter. Preparing you for the certification test is essential if you hope to start your career so don’t sign up unless this is promised. Don’t discount a provider simply because they only exist online. This is becoming the way education is done in our current times.

If you have a requirement to carry out background checks on people, you will discover that the task is somewhat quicker today than what would have been the case in the past. Thanks to the internet, it is now possible to conduct a search into any US citizen’s past, and from the comfort and convenience of your own home and PC.

Before you log on to any look-up website, it is worth noting that not all are the same. There can be major differences in the amount of information provided, how up to date it is, and the cost of using the service. Do not waste your energy and money on a service that is shoddy and limited, it is worth making the effort to find a service that is reputable.

For a checking service to give accurate information, they must have resources to keep an up to date database of records. Compiling and maintaining accurate records is not a simple task, it requires a considerable amount of time and energy. It can be useful to search for reviews of background checking services so as to make an informed decision.

If the type of information you are after is limited and basic, (i. E., perhaps to find out whether a job applicant’s certificates are authentic), you may find that a free search service is adequate. As long as you have a person’s full name and place of residence, there is no reason why your search should come up blank.

Carrying out background check on members of the public is of a higher value today than at any time in the past. Unfortunately, many people are not as honest and genuine as they may first appear. With a small amount of effort you can carry out a search into anyone’s past.

Under U.S. employment law, some workers are entitled to receive overtime pay for any hours that they work beyond the scheduled 40-hour work week. This law is outlined in the Fair Labor Standards Act (FLSA) and applies to millions of employees across the country. If you are entitled to overtime pay and are not receiving proper compensation, an experienced overtime class-action attorney can help you fight for the wages that you have earned.

Denying Pay and Hours

Some employers purposely avoid paying their workers overtime to minimize their labor costs with the hope that their workers will keep quiet or will not understand what is going on. Not only is this unfair to hardworking employees, but it is also illegal and qualifies as grounds for a class-action lawsuit against the employer. You may have grounds to pursue legal action if you have been:

Denied overtime pay
Wrongly told that you do not qualify for overtime pay
Not paid for working after hours or off the clock
Unfairly docked pay or hours by an employer to avoid having to pay overtime wages
Any of these acts is a violation of the FLSA for which an employer can be sued. If you or a coworker has not been fairly compensated for overtime work, consider seeking legal counsel to review your circumstances and legal options. Chances are that other employees are being denied the same pay as well, and an attorney can help you file a class-action lawsuit to hold the abusive employer legally accountable for unfair worker treatment.