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- Jul 17, 2017
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In essence, an employment relationship is a contractual one. And as with all other forms of contracts, there must be a way to end it properly. All contracts should have an exit clause; either party can call for termination by giving X number of days' notice. Any other means of ending the relationship is thus a contractual breach.
In an employment situation, there are instances an employer can get slapped with legal complications if he had not followed proper procedures for terminating a staff. In particular, he should be wary of these:
1. Unfair dismissal
2. Wrongful dismissal
A wrongful dismissal is a dismissal which breaches terms stipulated within a signed contract. Because an employment relationship is contractual in nature as mentioned above, there are existing contractual rights both parties are accorded with. Promises made in these contracts must be honored, or the party who initiates a breach risks incurring financial penalties.
Employers could be held accountable even if no proper contract was drawn up and signed, ie no length of service was previously agreed upon in writing to enforce a claim. Common breaches include not paying salaries due or not providing sufficient time and written notice to terminate the contract. Say for example if someone is fired several days into his/her new job without just cause, then his/her employer may be liable for payment of damages, opportunity costs associated with leaving his/her previous job being considered.
We start with the discriminatory ones:
-Employer says the role is not available to men anymore, preferring an all woman team
-Employer terminates on grounds of age, but you’re only 55 years old
-Employer terminates you because of your race/religion saying that he prefers more cohesion in the team
These dismissals are based on discrimination and are therefore deemed wrongful.
More at
What is wrongful dismissal anyway?
In an employment situation, there are instances an employer can get slapped with legal complications if he had not followed proper procedures for terminating a staff. In particular, he should be wary of these:
1. Unfair dismissal
2. Wrongful dismissal
A wrongful dismissal is a dismissal which breaches terms stipulated within a signed contract. Because an employment relationship is contractual in nature as mentioned above, there are existing contractual rights both parties are accorded with. Promises made in these contracts must be honored, or the party who initiates a breach risks incurring financial penalties.
Employers could be held accountable even if no proper contract was drawn up and signed, ie no length of service was previously agreed upon in writing to enforce a claim. Common breaches include not paying salaries due or not providing sufficient time and written notice to terminate the contract. Say for example if someone is fired several days into his/her new job without just cause, then his/her employer may be liable for payment of damages, opportunity costs associated with leaving his/her previous job being considered.
We start with the discriminatory ones:
-Employer says the role is not available to men anymore, preferring an all woman team
-Employer terminates on grounds of age, but you’re only 55 years old
-Employer terminates you because of your race/religion saying that he prefers more cohesion in the team
These dismissals are based on discrimination and are therefore deemed wrongful.
More at
What is wrongful dismissal anyway?
