The employee must demonstrate to a tribunal that dismissal was not justified. Is this statement true or false?

In the context of employment law, the assertion regarding who bears the burden of proof in a dismissal case is crucial. Generally, in many legal systems, it is the employer's responsibility to prove that a dismissal was justified. This means that the employee usually does not have to demonstrate that the dismissal was unjustified; rather, they may simply need to present evidence that the dismissal was not grounded in valid reasons or that proper procedures were not followed.

In cases where unfair dismissal is claimed, the burden shifts to the employer. This can involve demonstrating that the dismissal was based on fair grounds, such as misconduct or redundancy, and that appropriate protocols were observed throughout the dismissal process. The tribunal or court evaluates whether the employer met this obligation.

Thus, the statement provided in the question is false, as it incorrectly assigns the burden of proof to the employee instead of the employer. The correct understanding emphasizes that the employer must show justification for the dismissal rather than the employee needing to prove its unjust nature.