Hi everyone!
Despite satisfactory performance reviews, I've just been made redundant (first time in my life that I've lost a job!). Needless to say, my principal and I have very different ideas about many things. The school merged my job position with another one, into a new position, that I am qualified for, but then decided to hire someone else. I work in Western Europe and there is a labor disputes court that is easy to use without involving a lawyer. They basically encourage the employer and the employee to settle outside of court, and if that can't be arranged, the judge decides the outcome after written testimony from both parts. I will of course consult with a lawyer first to see if I have a strong enough case or not.
Is it worth it to drag my issue to court? Will it impact my future career? Can I trust that the principal will not be vindictive when used as a referee in future job-seeking?
I can see both pros and cons. The maximum amount awarded in such cases is 6 months of salary, which is not a whole lot considering that I've been employed as a part-time worker the last year. On the other hand, establishing that it was an unfair dismissal makes me look better than someone who has been let go due to incompetence. However, it may also scare future employers away if they fear that I may be litigous in general. My understanding is that it may be seen as quite risky and off-putting to future employers.
Any thoughts?
Is it worth it to go to court over an unfair dismissal?
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Innsbruckave
- Posts: 13
- Joined: Fri Apr 28, 2023 2:01 pm
Re: Is it worth it to go to court over an unfair dismissal?
I believe that you should always stand up for yourself. I believe that it will make you feel empowered. It is very scary. Even in a foreign country you should feel that you can be heard. If there is strong support for labour, you should try. I think if you don't try, you will have regrets.
Re: Is it worth it to go to court over an unfair dismissal?
As it's Western Europe, I'd say it was worth a punt.
Speak to a lawyer, but try to get the school to agree to say it was your choice to leave. Sometimes schools think 'he's an expat, he won't go to court' and when you do, or get a lawyer involved first, it scares them enough to give in to your demands, especially if you are in the right.
Speak to a lawyer, but try to get the school to agree to say it was your choice to leave. Sometimes schools think 'he's an expat, he won't go to court' and when you do, or get a lawyer involved first, it scares them enough to give in to your demands, especially if you are in the right.
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Tol_Eressea
- Posts: 8
- Joined: Sun Jun 13, 2021 1:36 am
Re: Is it worth it to go to court over an unfair dismissal?
That really sucks...
Did you have a permanent contract? What was the official "reason"? How long had you been working there? How is your relationship with your previous schools?
I also wonder how your relationship is now with this school. Would they provide you with a reference right now, and what would it say? I think this is important because if you have nothing to lose, I would go for it (prior consultation with lawyer and ideally other IT in your area). But if they are eager to provide a positive reference, let's say the reason for your dismissal is that there aren't sufficient students anymore or whatever else that does not make you look bad, I would think it twice.
Is it possible to talk this through so you get a fair reference, and avoid the court? Explaining to them how unfair the reason for your dismissal is and giving a hint that as it is so important to you, you will have to consider other course of action if you don't get a proper recommendation letter/reference?
I also wonder how much notice they gave you, how are your circumstances (do you need to leave the country ASAP because of lack of visa).
So many questions... I hope this brainstorming is of some help somehow!
Did you have a permanent contract? What was the official "reason"? How long had you been working there? How is your relationship with your previous schools?
I also wonder how your relationship is now with this school. Would they provide you with a reference right now, and what would it say? I think this is important because if you have nothing to lose, I would go for it (prior consultation with lawyer and ideally other IT in your area). But if they are eager to provide a positive reference, let's say the reason for your dismissal is that there aren't sufficient students anymore or whatever else that does not make you look bad, I would think it twice.
Is it possible to talk this through so you get a fair reference, and avoid the court? Explaining to them how unfair the reason for your dismissal is and giving a hint that as it is so important to you, you will have to consider other course of action if you don't get a proper recommendation letter/reference?
I also wonder how much notice they gave you, how are your circumstances (do you need to leave the country ASAP because of lack of visa).
So many questions... I hope this brainstorming is of some help somehow!
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Thames Pirate
- Posts: 1151
- Joined: Fri Jul 05, 2013 8:06 am
Re: Is it worth it to go to court over an unfair dismissal?
The short answer is probably not.
--You will alienate even the most reasonable director and end up leaving a negative impression.
--If you get the job back, you will be negatively treated and feel like nobody wants you around.
--If you move on, you will get negative or not as positive reviews
Nobody wins, even if you win. Sure, you get to feel justified in being proven right, but then what?
However, if the school has a history of this, your career is in a good place where you can afford the inevitable hit, and you think winning a suit would help the next guy, then it might be worth it.
--You will alienate even the most reasonable director and end up leaving a negative impression.
--If you get the job back, you will be negatively treated and feel like nobody wants you around.
--If you move on, you will get negative or not as positive reviews
Nobody wins, even if you win. Sure, you get to feel justified in being proven right, but then what?
However, if the school has a history of this, your career is in a good place where you can afford the inevitable hit, and you think winning a suit would help the next guy, then it might be worth it.
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ramiroflores
- Posts: 1
- Joined: Tue May 21, 2024 11:35 pm
Re: Is it worth it to go to court over an unfair dismissal?
I think it shouldn't
If you win the lawsuit, when you return, the director will treat you differently and it will be more difficult for you two to face each other than before. If you lose, it will be difficult for you to get a job later, so I don't think you should.
If you win the lawsuit, when you return, the director will treat you differently and it will be more difficult for you two to face each other than before. If you lose, it will be difficult for you to get a job later, so I don't think you should.