If an Employee Takes Legal Action for Unfair or Unlawful

question 6

Multiple Choice

If an employee takes legal action for unfair or unlawful dismissal, to defend the termination action successfully, it is important that their manager has:

• A) obtained the agreement of the employee's colleagues that the employee was underperforming.
• B) obtained an admission from the employee that they were underperforming.
• C) clearly documented and described the employee's performance gap in specific behavioural or measurable terms.
• D) provided the employee with three verbal warnings prior to dismissal.
• E) All of these responses are correct.

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Definitions:

Double Anonymity Case

A situation where privacy is protected in two layers, often used in research or mental health contexts to ensure confidentiality.

Clean Break

An immediate and clear termination of a relationship or situation, without ongoing entanglements.

Emotional Reactions

The automatic, often unconscious, responses of feelings and emotions to a particular stimulus or situation.

Sympathy

Feelings of pity and sorrow for someone else's misfortune, showing understanding and compassion for their situation.