LSA Article 23 regulates unfair dismissal. Remember this article applies only on workplace where over 5 employees are working.
For NOT being unfair dismissal, the three(3) conditions should be needed.
1. Cause
The reasons of dismissal should be justifiable.
2. Procedure
Dismissal should proceed according to proper procedure prescribed by a collective agreement or the rules of employment. Basically dismissal should be notifited to the employee in written form.
3. Balance
There should be a balance between the badness(the reason of dismissal) and the dismissal. That is, if a employer dismiss a employee though his/her badness is trivial, that is UNFAIR DISMISSAL!
In case that a dismissal turn to be unfair, the employer will be punished by criminal law and should make the employee return to work and put him/her back on the job.
Also, the employer should pay wages from the time of unfair dismissal to the time of returning to work.
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