Wrongful Dismissal | Introduction

Wrongful Dismissal should not be confused with Unfair Dismissal, Wrongful Dismissal is based on contract law. Any claim for Wrongful Dismissal will therefore mean looking at the employee's employment contract to see if the employer has broken the contract.

The most common breach is where the employee is dismissed without notice or the notice given is too short. Obviously either party can end the employment relationship if they give the necessary notice. This will either be the legal minimum or what is stated in the employee's contract.

However, the employer can justify dismissing the employee without notice (Summary Dismissal) if the employee commits a serious breach of the contract, for example theft. The employer does not have to have proof of the theft, suspicion is enough. The employer can also rely on evidence that is only found after the dismissal.

Another example of wrongful dismissal is a failure by the employer to follow a contractual disciplinary procedure.

What should be included in an employment contract ?