Appealing a Dismissal

Losing a job is always a stressful experience, especially when it happens unexpectedly or for reasons the employee disagrees with. In such cases, it is important to understand that an employer’s decision can be appealed, and if violations occurred, your rights can be restored.

There are several reasons why a dismissal may be considered unlawful, ranging from errors in documentation to the absence of legal grounds for terminating the employment contract. An employee has the right to request reinstatement, compensation for the period of forced absence, or a correction of the stated reason for dismissal.

Often, employees do not know the deadlines for filing a claim, where to apply, what documents to collect, or what chances of success realistically exist. Meanwhile, taking the right steps in the first days after dismissal can significantly affect the outcome.

This article provides a detailed overview of when dismissal can be challenged, what steps to take to protect your interests and what mechanisms exist to restore justice.

When a Dismissal Can Be Challenged

Not every dismissal is automatically legal. The employer is obliged to strictly comply with the rules of labour legislation, and if they do not do so, the employee has the right to challenge the decision. Dismissal is usually appealed when it is initiated by the employer or when the employee was pressured to resign “voluntarily”. Each case should be carefully evaluated, weighing the pros and cons and analysing the evidence of wrongful dismissal.

Key situations where a dismissal may be considered unlawful include:

Unlawful grounds for terminating the employment contract

An employer cannot dismiss an employee for reasons not provided for in labor law or the employment contract. Examples include:

• Dismissing an employee “at their own request” without their written consent.
• Terminating the employment contract without sufficient documented grounds (for instance, without proof of absenteeism or disciplinary violations).
• Dismissing an employee at the initiative of the employer during sick leave or vacation (with certain exceptions).

Such actions are often considered violations, and the employee has the right to demand reinstatement.

Errors in documentation

Even if there are grounds for dismissal, it may be declared invalid if the employer failed to comply with the proper documentation procedures, for example:

• Incorrect or improperly formulated reason for dismissal in the official order.
• Absence of the employee’s signature on the order or delayed acknowledgment of the documents.
• Errors in the employee’s work record book.

Any inaccuracy in official documents can be advantageous to the employee in a dispute.

Failure to follow dismissal procedures

Belarusian law specifies a clear procedure for terminating employment. Violations of this procedure can be grounds for contesting the dismissal:

• Failure to provide prior notice of dismissal within the required timeframe, when notice is mandatory.
• Noncompliance with disciplinary procedures leading to dismissal.
• Ignoring trade union requirements if the dismissal relates to staff reduction.

Even if the grounds for dismissal formally exist, procedural violations make the employer’s decision unlawful.

Deadlines and procedure for contesting a dismissal

To effectively protect your rights, it is important not only to identify employer violations but also to meet the established deadlines. Dismissals can only be appealed in court.

Time limits for filing a claim

An employee who believes the dismissal was unlawful must file a claim in court within the following timeframes:

• Within one month after receiving a copy of the dismissal order or the work record book containing the entry about the reason for termination.
• Within one month from the day the employee was refused access to these documents.

No state fee is required for such claims. If the employee missed the one-month deadline for a valid reason, the court may restore the deadline.

Sometimes employees report unlawful dismissals to the prosecutor’s office or the State Labor Inspectorate.

Practical steps for the employee

1. Obtain a copy of the dismissal order and the work record book.
2. Preserve all documents confirming the circumstances of the dismissal (applications, internal memos, correspondence).
3. Prepare a court claim or file a complaint with the prosecutor’s office or the State Labor Inspectorate.
4. If necessary, consult a lawyer to develop a solid legal position.

Strict adherence to deadlines and procedures increases the likelihood of a positive result and allows the employee to effectively protect his rights.

Evidence you may need

For a successful challenge, the employee must support their claims with documents and admissible evidence. The more complete the package of evidence, the higher the probability of a favourable decision.

Employment contract and employer orders

Essential documents to attach to a claim include:

• Employment contract or agreement.
• Orders regarding hiring, transfers, and disciplinary actions (if any).
• Dismissal order and a copy of the work record book.

These documents enable the court to verify the legality of the dismissal and the accuracy of documentation.

Documents confirming violations

Additionally, the employee may present:

• Correspondence with the employer (emails, messaging apps) reflecting conflicts or pressure.
• Internal memos, absentee reports, or disciplinary records.
• Pay slips confirming earnings.
• Witness statements from colleagues.

Such materials help demonstrate that the dismissal was unjustified or that procedures were violated.

Why evidence should be collected immediately

After dismissal, employees often lose access to internal company documents. Employers may refuse to provide copies of orders and payroll records. Therefore:

• It is best to preserve all documents while still employed.
• Important correspondence and notifications should be archived.
• Witnesses should be alerted in advance.

While the court can request internal documents from the employer, there is no guarantee that they will be provided in the same form. Early evidence collection makes it easier to build a legal case and restore rights.

Possible outcomes of contesting a dismissal

If the court finds the dismissal unlawful, it will issue a decision specifying how the employee’s rights will be restored.

Reinstatement at work

The most common outcome is reinstatement to the previous position. In this case, the dismissal order is canceled, the entry in the work record book is annulled, and the employer must return the employee to their former workplace.

Changing the stated reason for dismissal

Sometimes employees do not wish to return to their former position but want to remove an “unfavorable” record from their work record book, as it can hinder future employment. The court may change the stated reason, for example, to dismissal by mutual agreement or voluntary resignation. This is important for the employee’s professional reputation.

Compensation for forced absence

If the court reinstates the employee or changes the reason for dismissal that hindered new employment, the employer must pay the employee the average wage for the entire period of forced absence from the date of dismissal to the actual reinstatement or correction of the record.

Additionally, the employee may claim compensation for moral damages if the dismissal involved pressure, humiliation, or other negative circumstances. The court determines the amount.

The role of a lawyer in contesting a dismissal

It is possible to challenge a dismissal independently, but in practice, this is often complex. Knowledge of labor and procedural law, case law, and court procedures is required. Consulting a lawyer significantly increases the chances of success.

Consultation and assessment of chances

A lawyer analyzes the situation, reviews documents, evaluates the legality of the dismissal, and assesses the prospects of the dispute. During the consultation, it is possible to determine whether to go to court and which claims to make reinstatement, moral damages, or correcting the dismissal reason.

Document preparation and court representation

An important aspect of working with a lawyer is properly drafting the claim and legal position. A lawyer can:

• Collect and correctly prepare evidence.
• Draft the court claim.
• Represent the client in court.

This is especially important when the employer has professional legal support.

Reducing risks and increasing the likelihood of a positive outcome

A qualified lawyer ensures no mistakes are made that could lead to dismissal of the claim, missed deadlines, incorrect claims, or improperly prepared documents. Professional expertise significantly increases the likelihood of reinstatement or receiving compensation.

Conclusion

Challenging a dismissal is a complex process requiring attention, prompt action, and readiness to protect one’s rights. In Belarus, compliance with the terms of the trial is crucial; their absence makes it difficult to restore, although the deadlines can be restored for valid reasons. In Belarus, meeting the court’s deadlines is crucial; missing them makes reinstatement more difficult, although deadlines can be restored for valid reasons. It is therefore essential to act within a month of receiving the dismissal order and not delay protecting your interests.

Practice shows that many employers make errors: citing incorrect reasons, violating documentation procedures, or ignoring legal requirements. All of these can form the basis for a successful challenge.

For employees, the result may include reinstatement, correction of the dismissal reason in the work record book, and compensation for forced absence. Achieving this without legal support is difficult: evidence must be collected properly, claims correctly drafted, and a legal position effectively presented.

Professional support is crucial. Our team is ready to assist throughout the process from consultations and document analysis to claim preparation and court representation. We help employees restore justice, reduce stress, and achieve the best possible outcome.

If you face unlawful dismissal, do not confront the issue alone; timely legal assistance significantly increases your chances of success. Remember: your rights can be defended, but acting promptly and using all available tools is key.