Termination of the contract of employment – wrongful dismissal

1999 ◽  
pp. 123-130
Keyword(s):  
Contract Of Employment ◽  
Wrongful Dismissal

13. The Contract of Employment and its Termination

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.

15. Wrongful Dismissal

2018 ◽  
Author(s):  
David Cabrelli
Keyword(s):  
Contract Of Employment ◽  
The Law ◽  
Employment Rights ◽  
Wrongful Dismissal ◽  
Legal Consequences

This chapter examines the legal consequences where an employer lawfully or unlawfully terminates the contract of employment. It considers the competing elective theory of termination and automatic theory of termination, along with statutory intervention in the form of minimum periods of notice set out in section 86 of the Employment Rights Act 1996. Stress is placed on the importance of using the correct terminology in this area of the law and bilateral, unilateral, and non-lateral terminations are defined. Further discussion covers suspension of contract and the conduct of disciplinary hearings. Finally, the remedies available to employees in the case of a wrongful dismissal are addressed, including the circumstances in which a claim for damages is likely to be successful.

15. Wrongful Dismissal

2020 ◽  
pp. 586-614
Author(s):  
David Cabrelli
Keyword(s):  
Contract Of Employment ◽  
The Law ◽  
Employment Rights ◽  
Wrongful Dismissal ◽  
Legal Consequences

This chapter examines the legal consequences where an employer lawfully or unlawfully terminates the contract of employment. It considers the competing elective theory of termination and automatic theory of termination, along with statutory intervention in the form of minimum periods of notice set out in section 86 of the Employment Rights Act 1996. Stress is placed on the importance of using the correct terminology in this area of the law and bilateral, unilateral, and non-lateral terminations are defined. Further discussion covers suspension of contract and the conduct of disciplinary hearings. Finally, the remedies available to employees in the case of a wrongful dismissal are addressed, including the circumstances in which a claim for damages is likely to be successful.

13. The Contract of Employment and its Termination

2017 ◽  
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.

4. Termination of the contract of employment

2017 ◽  
Author(s):  
Roseanne Russell
Keyword(s):  
Employment Contract ◽  
Contract Of Employment ◽  
Key Issues ◽  
The Right ◽  
Wrongful Dismissal ◽  
Additional Reading

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about termination of the contract of employment. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of termination of the employment contract including the different ways a contract may be terminated, the meaning of dismissal, the right to reasonable notice, and wrongful dismissal. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

State Wrongful Dismissal Legislation

1992 ◽  
Vol 1 (3) ◽  
pp. 185-217 ◽  
Author(s):  
Henry H. Perritt
Keyword(s):  
Wrongful Dismissal

Beyond exchange: the new contract of employment

1998 ◽  
Vol 27 (2) ◽  
pp. 79-102 ◽  
Author(s):  
D Brodie
Keyword(s):  
Contract Of Employment

Wrestling with the New Economy: Judicial Rhetoric in Canadian Wrongful Dismissal Claims

2010 ◽  
Vol 35 (02) ◽  
pp. 403-449
Author(s):  
Annette Nierobisz
Keyword(s):  
Empirical Work ◽  
New Economy ◽  
Legal Doctrine ◽  
Legal Implications ◽  
Economic Transformations ◽  
Judicial Rhetoric ◽  
New Business ◽  
Late Twentieth ◽  
Wrongful Dismissal ◽  
Late Twentieth Century

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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