Wrongful Dismissal: a Guide for Employees

In the modern world of labour relations, the legality of dismissal remains one of the most pressing topics. Wrongful dismissal can be a real test for employees, as it sometimes leads to financial losses and emotional discomfort. Knowing your rights and possible steps in such a situation is the key to ensuring justice and protecting your interests. In this article, we will look at how employees of companies should act in case of wrongful dismissal, from determining their status to contacting government agencies and possible legal actions. Understanding the procedure and methods of protecting your rights will help minimize the consequences of the employer’s illegal actions and restore justice in relations with him.

When Dismissal is Considered Wrongful

Not all cases of dismissal against an employee’s wishes can be called wrongful. Let’s look at when it is possible to talk about wrongful dismissal. Here are some examples:

1. First, it is possible to talk about wrongful dismissal when it occurred on the employer’s initiative. The Labor Code of Belarus contains certain grounds for dismissal on the employer’s initiative. This list includes grounds for dismissal that do not depend on the employee’s behaviour (for example, a reduction in the number of employees or a long-term illness of an employee), as well as grounds related to employee misconduct (for example, absenteeism). The illegality of dismissal may be expressed in this case in the absence of documents confirming the reason for dismissal and in the absence of the reason prescribed in the workbook.

2. When dismissed for reasons that do not depend on the employee or the employer. For example, when a court reinstates an employee who was previously wrongfully fired, the employee who was hired is fired. The illegality of dismissal may be expressed in this case in the registration of dismissal “retroactively”.

3. Dismissal related to the expiration of an employment agreement or contract may be wrongful. For example, there are situations when an employee hired under a fixed-term employment contract is fired but continues to work after the contract period ends. In this case, the employee is considered to work under an employment contract that is concluded indefinitely. Such an employee cannot be dismissed “retroactively” due to the expiration of the initial fixed-term employment contract.

4. Wrongful dismissal can be discussed when an employee worked, but his employment was not documented, and he was dismissed without payment. 

5. An employee may disagree with the termination of an employment contract with a preliminary test when there are no facts and evidence that he did not pass the preliminary test.

When it is Difficult to Prove that the Dismissal is Wrongful

It is difficult to assess cases of dismissal at an employee’s request as wrongful. Of course, an employer can force an employee to resign on his own, and such actions by the employer are wrongful. However, in this case, collecting evidence of wrongful dismissal is difficult. 

In any case, you need to weigh whether it is worth keeping a job where such a difficult relationship with an employer is developing or whether it makes sense to look for a new one.

Who Resolves Situations Related to Wrongful Dismissal

Dismissal is not illegal only because the dismissed employee is sure of it. A situation where an employee does not agree with the dismissal is called an “employment dispute”. The territorial court recognizes the dismissal as wrongful (or does not recognize it): the district court at the location of the employing company or a branch of this company when the employee was fired from the branch.

Going to court is free for employees—there is no need to pay a state fee. 

The Time Limit for Applying to the Court

The employee must meet the deadline for applying to the court: one month from the day on which the employee received a copy of the dismissal order, workbook, or refusal to issue (receive) them. 

When an employee has missed such a deadline for good reasons, the court usually meets halfway. 

When an employee misses a month’s deadline without good reason, the court will accept the documents but refuse to satisfy the requirements if the employer demands to refuse the employee due to missing the deadline for applying to court.

What to Do If You Consider the Dismissal to be Wrongful

Let’s look at a step-by-step sequence of recommended actions if you believe you were wrongfully fired.

In this case, it is important to act quickly and competently. Our guide will help you protect your rights.

Step 1. Analyze the Situation

Check the grounds for dismissal, review the dismissal order to ensure compliance with the provisions of the Labor Code, and check whether the dismissal procedures are followed.

Compare the order with the employment contract. Ensure that the specified reasons for dismissal do not contradict (or contradict) your employment contract.

Write down the contact information of colleagues who can confirm the circumstances of your dismissal.

If you have correspondence, conversation recordings, or emails related to the conflict, save them.

Step 2. Collect the Evidence

What documents will be needed:

• A copy of the dismissal order, memos and any other related documents.
• Your copy of the employment contract.
• Any documents that you think are related to your dismissal

Step 3. Contact an Labour Lawyer

If you have doubts about the correctness of the dismissal paperwork, contact a labour lawyer or a lawyer of the territorial trade union (if the company has a trade union) to clarify the situation.

An attorney or a lawyer will analyze your situation and suggest possible scenarios.

An attorney will make a statement of claim to the court and represent your interests in court if you want. Suppose the attorney sees that violations were committed during your dismissal. In that case, he can inform the prosecutor’s office to verify that the former employer complies with the requirements of the Labor Code.

Step 4. Make a Statement of Claim 

With the help of a lawyer or independently, draw up a statement of claim. It must contain:

• Your data and the employer’s data are important. 
• Description of the circumstances of the dismissal.
• Evidence that confirms that the dismissal is wrongful.
• Claims. It is important to understand precisely what you want to achieve from your former employer. 

The following requirements can be submitted to the court:

• Reinstatement at work.
• On changing the date and wording of the reason for dismissal in the workbook.
• About payment for the time of forced absenteeism. Forced absenteeism is the period from dismissal to a court decision on reinstatement.
• Also, in the statement of claim, you can demand compensation for moral damage, estimated in the form of a certain amount of money. The court will determine the specific amount of moral damage.
• All documents confirming your position must be attached to the statement of claim.

Recall that it is recommended to apply to the court no later than a month after dismissal, and such treatment is free of charge.

Step 5. Participate in the Case Review

After the court has accepted your claims, you become a participant in the process – the plaintiff and the former employer – the defendant. You can attend court sessions on your own or with an attorney and participate in considering the case. For example, to present evidence of wrongful dismissal to the court: correspondence with the employer, screenshots with correspondence from the company’s internal messengers, ask the court to call witnesses and perform other procedural actions. 

We recommend you consult an attorney about how to behave in court.

Step 6. Get the Court’s Decision 

The court will comprehensively examine your and the employer’s evidence and reinstate you to your former workplace if you were fired without legitimate grounds.

The court may consider that you cannot be reinstated for objective reasons. In this case, with your consent, the court will oblige the employer to pay you compensation of 10 times the average monthly earnings. Objective reasons why it is impossible to reinstate an employee to work may be, for example, such:

• The company is in the process of liquidation.
• An employee who cannot be denied employment has been hired to replace a dismissed employee.

The court also imposes on the official guilty of wrongful dismissal the obligation to compensate for the damage associated with payment for the time of forced absenteeism.

Step 7. Get Back to Work in Case of a Positive Court Decision

A court decision on reinstatement at work and other claims related to illegal dismissal shall enter into force upon  adjudication. The employer must immediately comply with such a decision.

If the employer delays executing the court decision, he must pay the employee the average salary from the date of the decision to the day of its execution. Also, by court decision, the employer must immediately pay the salary awarded to the employee for no more than one month. In some cases, the court may specify in the decision that the immediate payment of all wage arrears to the employee is required.

If the employer refuses to comply with the court’s decision, the employee can contact the bailiff.

In conclusion, we note that wrongful dismissal is a serious violation of labour rights, and every employee should know their rights and opportunities to protect them. It is important to remember that in case of dismissal that you consider illegal, you should not give up and accept the situation. Collect all the necessary evidence, seek legal assistance, and use the available protection mechanisms—from contacting government agencies, a trade union, or a lawyer to filing a lawsuit in court. 

It is important to approach each situation individually but remember that you are not alone in this struggle for justice. Protecting your rights will not only help change the situation in your particular case. Still, it will also serve as an important step towards forming a more responsible business that complies with labour laws. Sometimes, the steps you take can serve as an example for others, helping create a more equitable work environment.