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Publication date: 28.05.2024
Appeal against illegal dismissal
Illegal dismissal is a serious violation of the employee's labor rights and grounds for legal protection of one's interests. If you believe that your dismissal was unlawful, it is important to seek legal advice in good time and prepare the necessary evidence to challenge the employer's decision.
The first step in the event of wrongful dismissal should be the consultation of a dismissal lawyer. An experienced lawyer will help analyze the circumstances of your dismissal, determine the presence of violations on the part of the employer, and assess the prospects of the case. During the legal consultation on dismissal, the specialist will explain to you your rights, the appeal procedure and the possible consequences of the court proceedings.
After receiving legal advice on dismissal, you can start collecting the necessary documents and evidence for filing a lawsuit in court. Such evidence may include: a dismissal order, an employment contract, an employment book, evidence of the absence of disciplinary sanctions or violations on your part, testimony of colleagues, etc.
The next step is to apply to the court with a claim for reinstatement and compensation for the damage caused by the illegal dismissal. At trial, a dismissal attorney will represent your interests, argue that the dismissal is illegal, and defend your claims.
If the claim is satisfied, the court obliges the employer to restore you to your previous job, to pay the average salary for the period of forced absence and to compensate for the moral damage caused by the illegal dismissal.
In addition, if the dismissal is recognized as illegal, the employer is obliged to make a corresponding entry in the labor book about the reinstatement and pay court costs.
It is worth noting that the deadline for appealing an illegal dismissal in court is one month from the day of receiving a copy of the dismissal order or employment book. That is why it is important to contact a lawyer in time and start preparing a lawsuit.
In some cases, even if the court finds the dismissal illegal, the employee can refuse to be reinstated and only seek compensation for the damages caused by the illegal dismissal. This may be appropriate if the employee has a conflicted relationship with the employer or does not wish to continue the employment relationship.
Therefore, in the case of illegal dismissal from work, it is important to seek the advice of a dismissal lawyer in a timely manner and start the legal appeal procedure. An experienced lawyer will help you gather the necessary evidence, prepare a statement of claim and effectively represent your interests in court. A successful appeal against illegal dismissal will allow you to restore violated labor rights, receive compensation for forced absenteeism, and protect your professional reputation.
