Dismissal
How to defend a wrongful dismissal claim?
Wrongful dismissal is when a contract of employment is unlawfully terminated by the employer and in these cases, fairness is not an issue. The only question is whether the terms of the contract, express or implied, have been breached by the employer.
Wrongfully dismissed during probation, what can you claim?
How much can someone claim for wrongful dismissal?
How to avoid a wrongful dismissal claim?
Wrongful Dismissal should not be confused with Unfair Dismissal, as wrongful Dismissal is based on contract law and the employee’s contract of employment. Any claim for Wrongful Dismissal will, therefore, mean looking at the employee's employment contract to see if the employer has broken the contract.
My employer has dismissed me can they still enforce the restrictive covenant in my contract?
So, as an example, if an employer terminates an employee’s employment with immediate effect and makes a payment in lieu of their notice period without the contractual right to make that payment, they would be in breach of the contract and could not, therefore, seek to enforce any restrictive covenants.
