What Constitutes Wrongful Dismissal?

It is essential that employees be aware of their legal rights and seek advice if they believe they have valid grounds for wrongful dismissal. By taking legal action, employees may be entitled to compensation for the financial loss they have suffered.

If you would like expert legal advice on your situation, consult an expert wrongful dismissal lawyer. In this article, we will discuss what constitutes wrongful dismissal and valid grounds for pursuing a claim.

What Is Wrongful Dismissal?

Unless the employment contract states otherwise, an employer generally has the right to terminate employment without cause, provided they give reasonable notice or payment in lieu of notice. In certain cases, employment may be terminated with cause. This is usually due to serious misconduct, such as fraud, violence, or incompetence by the employee, and in such cases, the employer is not required to provide notice or payment in lieu of notice.

Wrongful dismissal occurs when an employee is terminated without just cause and without the employer providing adequate notice or payment in lieu of notice resulting in a breach of the employment contract. It is important to note that an employment contract does not have to be in writing and an oral contract or an implied contract may also exist, which if breached, can provide grounds for wrongful dismissal.

Grounds for Wrongful Dismissal

There are several grounds for wrongful dismissal that an employee may pursue.

These include:

1. Breach of Contract: If an employer fails to provide notice or payment in lieu of notice as required by the employment contract, the employee may sue for breach of contract. The damages may include unpaid wages, benefits and other compensation that the employee would have received during the reasonable notice period.
2. Constructive Dismissal: Constructive dismissal occurs when an employer changes the terms of the employment contract without the employee's consent, resulting in a fundamental breach of the contract. For example, if an employer reduces an employee's salary, changes their job responsibilities, or creates a hostile work environment, the employee may consider themselves constructively dismissed. In such cases, the employee may sue for wrongful dismissal and seek damages for lost wages and other losses.
3. Discrimination: If an employee is terminated on the basis of their race, gender, age, or other protected grounds, the employee may sue for wrongful dismissal and discrimination. The damages may include compensation for lost wages, benefits, and other losses, as well as damages for the emotional distress caused by the discrimination.
4. Retaliation: If an employee is terminated in retaliation for reporting misconduct, such as workplace harassment or safety violations, the employee may sue for wrongful dismissal and retaliation. The damages may include lost wages, benefits and other compensation, as well as damages for emotional distress and punitive damages.

With knowledge of the legalities surrounding wrongful dismissal, you will have a better understanding of the circumstances that constitute grounds for a wrongful dismissal claim.