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Publication date: 07.05.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Unlawful dismissal can be a difficult situation for an employee, but Ukrainian law provides remedies to protect employees' rights and reinstate them in the event of unlawful dismissal.
Causes of unlawful dismissal
Violation of labour laws: Unlawful dismissal can arise from a failure to comply with the rules and conditions set out in Ukrainian labour law. For example, it may be an unjustified failure by the employer to fulfil its obligations with respect to the dismissal procedure provided for by law.
Breach of a collective bargaining agreement or contract: If the employee has an agreement or collective bargaining agreement, the dismissal must comply with the terms of these documents. Unlawful dismissal may occur if the employer violates the terms of these agreements.
Appeal mechanisms
A lawsuit in court: An employee may file a lawsuit with the court seeking a declaration of unlawful dismissal and reinstatement. If the court finds that the dismissal was unlawful, the employee may be reinstated and receive compensation for the period of dismissal.
Appeal to the labour inspectorate: The procedure for appealing to the labour inspectorate is that an employee may file a complaint about illegal dismissal and violation of labour laws. The Labour Inspectorate may conduct an investigation and take appropriate measures to restore the employee's rights.
Appeal procedure
Preparation of documents: The employee should collect all the necessary documents confirming the facts of the unlawful dismissal (e.g. copies of letters, notices, employment certificates, etc.). This may also include evidence of the performance of their professional duties.
Consultation with a lawyer: Prior to filing a claim, an employee may consult a lawyer for advice and assistance in preparing a claim.
The reinstatement procedure
Consideration of the claim: The court will consider the employee's claim and determine its legality. If the dismissal is found to be unlawful, the court may order reinstatement and compensation for damages.
Implementation of the court decision: After a court decision on reinstatement is made, the employer must comply with the decision and rehire the employee in accordance with the terms of the court decision.
For an employee facing unlawful dismissal, it is important to have professional legal support. A lawyer or attorney specialised in labour law can provide valuable assistance. They will provide competent advice, assist in preparing the necessary documents, develop a strategy for challenging the unlawful dismissal, and represent the employee in court or before the labour inspectorate. The professional support of a lawyer or attorney will significantly increase the chances of successful reinstatement and compensation. Illegal dismissal lawyer, legal advice dismissal, reinstatement lawyer, legal advice on dismissal.
An experienced lawyer or attorney will provide not only legal protection, but also psychological support to the employee during the difficult process of appealing against illegal dismissal. Their knowledge and experience will help strengthen legal arguments and maximise the chances of a successful outcome.
Unlawful dismissal can be a difficult situation for an employee, but there are mechanisms in place in Ukraine to protect and reinstate employees. Employees can use legal procedures to protect their rights and interests.
