Wrongful Dismissal

Contemporary Law and Society scholars emphasize focused study of “law and the economy” yet empirical work on the legal implications of important economic transformations of the late twentieth century is limited. To address this issue, I analyze Canadian wrongful dismissal claims heard to judgment between 1981 and 1997 to understand how judges grappled with contradictions that arose between classic legal doctrine on the employment relationship, unstable economic conditions that limited employment opportunities for plaintiffs, and new business ideologies about employee expendability and flexibility. Findings demonstrate that judicial rhetoric was attentive to the contradictions that arose with the new economy, and unique responses were developed. These responses, however, varied according to specific socioeconomic contexts embedded within the seventeen‐year period under study. I conclude by suggesting the development of more dynamic theories of law and the economy to capture the ways in which law shifts in response to changing economic contexts.

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Termination of the contract of employment – wrongful dismissal

Essential Employment Law ◽

10.4324/9781843142591-7 ◽

1999 ◽

pp. 123-130

Keyword(s):

Contract Of Employment ◽

Wrongful Dismissal

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Remedies for Breach and for Wrongful Dismissal

The Contract of Employment ◽

10.1093/acprof:oso/9780198783169.003.0028 ◽

2016 ◽

pp. 599-620

Author(s):

Lizzie Barmes

Keyword(s):

Wrongful Dismissal

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15. Wrongful Dismissal

Employment Law in Context ◽

10.1093/he/9780198748335.003.0015 ◽

2016 ◽

pp. 575-603

Author(s):

David Cabrelli

Keyword(s):

Wrongful Dismissal

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8. Employment II: termination—wrongful dismissal, unfair dismissal, and redundancy

Business Law Concentrate ◽

10.1093/he/9780198840602.003.0008 ◽

2019 ◽

pp. 114-129

Author(s):

James Marson ◽

Katy Ferris

Keyword(s):

Common Law ◽

Essential Information ◽

Employment Contract ◽

Contract Employees ◽

Unfair Dismissal ◽

The Common ◽

The Law ◽

Employment Rights ◽

Wrongful Dismissal

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the law on the termination of the employment contract. Employees have a statutory right not to be unfairly dismissed and the Employment Rights Act (ERA) 1996 identifies the criteria to be satisfied in order for the employee to gain protection. The common law protects against wrongful dismissal and provides tests and guidance for situations involving a breach of an employment contract. The chapter also considers redundancy situations. As this is governed by statute, it is necessary to appreciate the obligations imposed on the employer to adopt fair procedures.

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13. The Contract of Employment and its Termination

Introduction to Business Law ◽

10.1093/he/9780198824886.003.0013 ◽

2019 ◽

pp. 371-395

Author(s):

Lucy Jones

Keyword(s):

Independent Contractor ◽

Unfair Dismissal ◽

Contract Of Employment ◽

The Difference ◽

Wrongful Dismissal

This chapter discusses the contract of employment and its termination. It considers the difference between an employee, an employee shareholder, an independent contractor, and a worker, and the tests used to establish their status. It discusses the types of implied terms contained in a contract of employment. The chapter also considers termination of a contract of employment, examining the difference between unfair, constructive, and wrongful dismissal. It looks at claims for unfair dismissal, considering the potentially fair reasons for dismissal, the band of reasonable responses, the automatically unfair reasons for dismissal, and the remedies available where unfair dismissal has occurred. The chapter concludes with a discussion of redundancy.

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