An employee’s claim of wrongful dismissal has to do with breach of contract. It arises when the employer fails to provide the employee with the correct period of notice of termination of employment, or when the employer has provided no notice at all. The amount of notice due is governed by the written employment contract or statutory notice provisions.
An employee’s claim for wrongful dismissal will give rise to damages for the balance of notice due.
If the employer dismisses in breach of contract it cannot then rely on the terms of that same contract, and so it will lose the opportunity to enforce any post termination restrictions.
In limited circumstances an employer is entitled to terminate without notice where there is a finding of gross misconduct. A failure to follow a fair dismissal procedure will lead to a claim of unfair dismissal against the employer.
Contact us to discuss wrongful dismissal.