Setting the Standard for Unfair Dismissal in Accordance with Modern Legal Trends: A Comparative Study Between Palestinian and British Law

Abstract

The concept and standard of unfair dismissal, or unlawful termination of an employment contract, represent a complex issue for employment courts in various countries, especially Palestine. This complexity arises from the absence of a clear standard or test for assessing unlawful termination of employment and unfair dismissal under Palestinian law. Consequently, the Palestinian Supreme Court has issued many contradictory rulings on this matter.

In contrast, Western countries, including the United Kingdom, which have encountered similar challenges, have managed to address this complexity by enacting legislation that defines the standards employment courts must follow when determining unfair dismissal and lawful termination of employment contracts. This study aims to elucidate the criteria that courts must adhere to when evaluating dismissals in accordance with the modern standards established by British Labour Law and endorsed by British employment courts. Additionally, it seeks to compare these criteria with the provisions of the Palestinian Labour Law and the decisions of Palestinian courts. The study is divided into three sections to achieve these objectives. The first section explores the concept of unfair dismissal, while the second section outlines the criteria for direct unfair dismissal, which occurs when the employer explicitly terminates the contract. The third section delves into the criteria for indirect unfair dismissal, where the employee initiates the contract termination.

The study reveals that certain Palestinian rulings and jurisprudence have tacitly embraced a modern approach in line with British standards when considering cases of unfair dismissal, even though they are not explicitly mandated. It concludes that it is possible to implement these modern standards in Palestine and other Arab countries and emulate Western trends in the concept of unfair dismissal. This can be achieved if Palestinian courts are willing to expand their jurisprudence through the provisions of the Palestinian Labour Law and the existing contract and civil legislation in Palestine.