Wrongful Dismissal Flashcards
Define Wrongful Dismissal
Wrongful dismissal is a Common Law claim for breach of employment contract, it would be heard at County Court or High Court.
There is no minimum employment term and the only remedy would be damages.
What is the common application of this type of claim?
It is usually used by high earners (e.g. football managers) who are dismissed without notice before the date of termination of their contract.
In this example the court places expectation on the claimant to mitigate their loss and take reasonable employment if it arises.
Where else would a claim Wrongul Dismissal be applicable?
Persons who do not have the requisite two years of experience as outlined in ERA 1996 for a claim of Unfair Dismissal may resort to this kind of claim.
Damages that would be awarded in this example would be equivalent to their period of notice, usually up to 4 weeks of pay.
