UNFAIR DISMISSAL: Unfair dismissal and the common law of wrongful dismissal

1976 ◽  
Vol 5 (1) ◽  
pp. 107-110
Author(s):  
M. R. F.
Keyword(s):  
Common Law ◽  
Unfair Dismissal ◽  
The Common ◽  
Wrongful Dismissal

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

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.

21. Statutory Regulation of Dismissals

Business Law ◽  
2020 ◽  
pp. 538-564
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Common Law ◽  
Correct Procedure ◽  
Unfair Dismissal ◽  
The Common ◽  
The Law ◽  
Wrongful Dismissal ◽  
Statutory Regulation

This chapter considers the termination of employment, and how it is governed by statutory measures—in cases of unfair dismissal—and the common law—in cases of wrongful dismissal. Each of these provisions outline important factors when the contract is to be ended. Being aware of the procedures involved in each of these areas of law will ensure terminations can take effect without unnecessary recourse to court or tribunal action, saving time and money. In dismissing an employee, the law provides for the correct procedure to be adopted, the potentially fair reasons that justify a dismissal, along with automatically unfair reasons to dismiss an employee. Disregarding these may lead to claims for unfair dismissal, the defence of which can be expensive for employers.

21. Unfair Dismissal and Constructive Dismissal

Business Law ◽  
2018 ◽  
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Common Law ◽  
Correct Procedure ◽  
Unfair Dismissal ◽  
The Common ◽  
The Law ◽  
Wrongful Dismissal

This chapter considers the termination of employment, and how it is governed by statutory measures—in cases of unfair dismissal—and the common law—in cases of wrongful dismissal. Each of these provisions outlines important factors when the contract is to be ended. Being aware of the procedures involved in each of these areas of law will ensure terminations can take effect without unnecessary recourse to court or tribunal action, saving time and money. In dismissing an employee, the law provides for the correct procedure to be adopted, the potentially fair reasons that justify a dismissal, along with automatically unfair reasons to dismiss an employee. Disregarding these may lead to claims for unfair dismissal, the defence of which can be expensive for employers.

scholarly journals Recent Developments in Wrongful Dismissal Laws and Some Pointers for Reform

1969 ◽  
pp. 470 ◽  
Author(s):  
G. England
Keyword(s):  
Nova Scotia ◽  
Common Law ◽  
Just Cause ◽  
Grievance Arbitration ◽  
Employment Termination ◽  
Recent Developments ◽  
The Common ◽  
The Law ◽  
Federal Jurisdiction ◽  
Wrongful Dismissal

This paper examines recent developments in the law of wrongful dismissal. It demonstrates that the current common law fails to regulate satisfactorily terminations of employment and proposes an alternative statutory scheme. Part considers the "minimum contents" required of fair and just system of employment termination. Part II examines the common law response and its inadequacies. Part III suggests proposals for reform, drawing on the ex periences of statutory "just cause"protections in Nova Scotia and England and in Canadian grievance arbitration. Also, the proposed amendments to the Canada Labour Code in bill C-8,1 which introduces "just cause"protections for workers within Federal jurisdiction are considered.

6. Termination of the Employment Contract at Common Law

2017 ◽  
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Detailed Analysis ◽  
Common Law ◽  
Employment Law ◽  
Employee Rights ◽  
Employment Contract ◽  
Unfair Dismissal ◽  
The Press ◽  
The Right ◽  
Wrongful Dismissal

This chapter looks at termination of employment at common law, and at the breach of employment contract action known as ‘wrongful dismissal’. It first discusses ways in which the contract might untypically end by operation of law rather than the ‘dismissal’ on which many employee rights rest. The chapter then considers the right of either party to terminate most contracts by giving notice—a major feature of UK employment law—and the ability of the employer to dismiss summarily for gross misconduct. It concludes with a detailed analysis of the principal remedy for an employee at common law—the action for wrongful dismissal—which is completely separate and different from statutory unfair dismissal despite an unfortunate tendency for the press to treat them as interchangeable.

WINNERS AND LOSERS: EDWARDS AND THE UNFAIR LAW OF DISMISSAL

2013 ◽  
Vol 72 (2) ◽  
pp. 313-340 ◽  
Author(s):  
Catherine Barnard ◽  
Louise Merrett
Keyword(s):  
Supreme Court ◽  
Common Law ◽  
Royal Hospital ◽  
Unfair Dismissal ◽  
Disciplinary Procedures ◽  
The Common

AbstractIn Edwards v Chesterfield Royal Hospital N.H.S. Foundation Trust the majority of a seven-justice Supreme Court held that a common law claim for breach of express contractual disciplinary procedures was pre-empted by the statutory right to claim for unfair dismissal. Further, they held that one express term (the notice clause) should be prioritised over another (the contractual disciplinary procedure). In this article we argue that the application of the idea of statutory “trumping” of the common law misunderstands the complex evolution of the common law in this field and its interplay with statute. We also argue that the traditional pre-eminence given to notice clauses over all other express terms needs to be reconsidered.

20. Dismissal at Common Law; Redundancy and the Transfer of Undertakings

Business Law ◽  
2018 ◽  
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Common Law ◽  
Contract Law ◽  
Employment Relationship ◽  
Good Working ◽  
The Common ◽  
The Law ◽  
The 1960S ◽  
Wrongful Dismissal

This chapter identifies the remedy for the termination of contracts of employment through the common law claim of wrongful dismissal. It addresses situations of redundancy, and the rights of individuals and obligations on employers when the business is transferred to a new owner. Each of these measures offer protection to employees, and employers should understand the nature of these rights, the qualifications necessary for each mechanism, and the remedies available, to ensure they select the most appropriate mechanism to bring the employment relationship to an end. Before the 1960s, contracts of employment were largely dealt with by the ‘normal’ rules of contract law and were often heard by courts that hear contractual disputes. It is important to be aware of the mechanisms that will enable termination of the employment relationship without transgressing the law in order to maintain good working relations.

scholarly journals Severance Pay and the Older Worker: Negotiated Versus Litigated Outcomes Under Canadian Common Law

2015 ◽  
Author(s):  
Kenneth Wm. Thornicroft
Keyword(s):  
Older Workers ◽  
Common Law ◽  
Mandatory Retirement ◽  
Appellate Court ◽  
Severance Pay ◽  
The North ◽  
Younger Workers ◽  
The Common ◽  
Negotiation Simulation ◽  
Wrongful Dismissal

The North American workforce is aging and workers are increasingly working beyond normal retirement age. Although mandatory retirement has largely been abandoned in Canada, employers still have the common law right to terminate employees without just cause by giving reasonable notice of dismissal. Where no, or insufficient, notice is given, the dismissed employee can file a civil action for wrongful dismissal. This article examines whether older workers are treated differently relative to younger workers in the assessment of reasonable notice. This question is examined in both an experimental negotiation simulation and by a statistical analysis of all Canadian appellate court decisions addressing reasonable notice issued during the 12-year period from 2000 to 2011.

6. Termination of the employment contract at common law

2019 ◽  
pp. 420-470
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Detailed Analysis ◽  
Common Law ◽  
Employment Law ◽  
Employee Rights ◽  
Employment Contract ◽  
Unfair Dismissal ◽  
The Press ◽  
The Right ◽  
Wrongful Dismissal

This chapter looks at termination of employment at common law, and at the breach of employment contract action known as ‘wrongful dismissal’. It first discusses ways in which the contract might untypically end by operation of law rather than the ‘dismissal’ on which many employee rights rest. The chapter then considers the right of either party to terminate most contracts by giving notice—a major feature of UK employment law—and the ability of the employer to dismiss summarily for gross misconduct. It concludes with a detailed analysis of the principal remedy for an employee at common law—the action for wrongful dismissal—which is completely separate and different from statutory unfair dismissal despite an unfortunate tendency for the press to treat them as interchangeable.

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