Wrongful Dismissal. - ppt download

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Descrição

Meaning Wrongful dismissal is essentially a claim for breach of contract. This situation arises when your employer breaches a term in your employment contract, which results in dismissal or forces you to leave. It is not the same as unfair dismissal. You do not need two years service to claim for wrongful dismissal. If you are dismissed whilst on probation, this is one of the heads of claim that you can consider. You can also consider whether your dismissal falls under any of the automatically unfair reasons for dismissal or was discriminatory.
The tribunal will not enforce a contract. Therefore once wrongful dismissal has been established the contract is terminated. The Trade Union and Labour Relations (consolidation) Act 1992 s236 provides that no court shall issue an order compelling an employee to do any work or attend at any place for the doing of any work. There are however exceptions to this rule.