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How to defend a wrongful dismissal claim?

Robert Rocker

09 January 2018

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.

The common causes of wrongful dismissal

Wrongful dismissal claims often involve:

• Breach of a notice term, whether express or implied;
• Breach of a contractual procedure; and
• Termination of a fixed-term contract or a “specific task” contract before its expiry.

There may be other breaches of contract terms that can amount to wrongful dismissal.

Expert employment solicitor Robert Rocker explains and answers some questions on how employers should defend a wrongful dismissal claim.

Hello, everybody, my name is Mark Ferron MD of Castle Associates and I speak to employment law experts across the country. As an employer wrongful dismissal can be an issue I put these questions to employment law solicitor Robert Rocker.

How would an employer defend a wrongful dismissal claim?

An employer can successfully defend a wrongful dismissal claim by showing that it dismissed the employee in accordance with its procedures. That its dismissal was in accordance with the contract of employment and that the dismissal was a reasonable response to the offending Act.

Does an employer need a solicitor to defend a wrongful dismissal claim at the tribunal?

An employer does not need to instruct solicitors to represent them in a wrongful dismissal claim but it's always best to get legal advice.

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