Unfair Dismissal No it's a type of dismissal, but the consequence of having carried out a type of dismissal erroneously or alleging causes that are not legally established or that are not true.
What I mean by this?:
If as a company we find ourselves in the situation of having to fire a worker, that situation has to be given by some of the causes established by our Workers' Statute, which will lead us to carry out one of the following types of dismissals: dismissal disciplinary, objective dismissal or collective dismissal. As you can see, there is no option to carry out a “so-called” unfair dismissal.
So,what is unfair dismissal?:
I said it at the beginning, it is the consequence of having carried out a disciplinary dismissal, an objective dismissal or a collective dismissal poorly, either due to errors in the way it is processed or due to lack of causality. But, furthermore, for a dismissal to be unfair it must be declared as such for a Judge and will have a series of consequences for the company, among other options, the payment of compensation to the worker.
Why this confusion in the concept?
Simple, some companies faced with the need to dismiss a worker without any legally established cause, I am not going to go into discussing the whys, at the very moment of communicating the dismissal to the worker they recognize its inadmissibility and the amounts to be compensated to try to reach an agreement. Hence, some people understand unfair dismissal as just another type of dismissal.
Author: María Jáimez
