Wrongful dismissal
Order Instructions:
Discuss how a court will determine whether there has been a wrong dismissal and the remedies that the court can award for wrongful dismissal
SAMPLE ANSWER
Wrongful dismissal
Wrongful dismissal involves the termination of an employee’s contract of employment in a manner that breaches the terms of employment contract. In the US, there is no specific law that establishes the factors for determining whether or not there is a wrong dismissal. Courts have, however, established acts that constitute wrongful dismissal (Sealy & Hooley, 2009).
The courts have established that an employer does not need to be nice or even rational to the employees. Employees can be dismissed for various reasons as long as they are not prohibited by public policy or law. According to the ‘employment-at-will’ doctrine, an employer is not bound to maintain a relationship with the employee and he or the employee, may end it any time. A claim on wrongful dismissal may be based on various grounds including: breach of contract claims, violation of freedom of speech, refusal to provide necessary work leave, whistleblower or retaliation claims, sexual harassment, public policy violations, and discrimination. Discrimination on grounds of age, gender, medical condition, disability, sexual orientation, national origin, religion, and race is the most common ground for wrongful dismissal on which many employees file their claims.
The remedies that may arise from the claim of wrongful dismissal include monetary compensation for the wrongfully dismissed and/or reinstatement of the dismissed employee. The remedy is intended to put the plaintiff employee back to the position in which he was prior to the wrongful dismissal. Compensation may be in terms of damages in terms of salary and benefits lost in the course of the wrongful dismissal. Additionally, the wrongfully dismissed employee may be awarded punitive damages, damages for suffering and pain, attorney fees, and any other remedies.
Reference
Sealy, S. L. & Hooley, R. J. A. (2009). Commercial Law: Text, Cases and Materials. OUP.
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