Not to be confused with Unfair Dismissal, Wrongful Dismissal is based on contract law (i.e. a successful claim means proving that the employer has broken the employee's contract).
Most common claims involve the employee being dismissed without notice, or with too short notice. Both employer and employee can end the employment relationship at any time provided they serve the necessary notice. This is either the legal minimum or the amount laid out in the contract.
Minimum Notice Periods
- Less than one month of service: no notice
- More than one month: one week
- Two years: two weeks
- Three years: three weeks
- Four years: four weeks
One week's notice for every year applies for the first 12 years' service. The law does not allow for anymore than 12 weeks notice. It is worth remembering, however, that the employer can lawfully dismiss without notice (summary dismissal) if the employee commits a serious breach of contract. In this case, the employer only requires suspicion (not proof) to summarily dismiss. He or she can also rely on evidence discovered after the dismissal to justify the decision. Examples of serious breach of contract include; theft, taking illegal drugs whilst at work, hacking into computer files, etc.
Examples of breach of contract
- False allegations of misconduct
- Harassing the employee
- Not paying wages / salary
- Changing an employee's job or terms of employment
- Changing the employee's work location without notice (major change)
Claims can be made for both unfair and wrongful dismissal but any money received under one will cancel out the same amount received under the other. This is to avoid employees receiving double-compensation.