Wrongful Dismissal and the Importance of the Employment Contract
Employees who are wrongfully terminated may have recourse. Suing for “Wrongful Dismissal” may allow the employee to recover some damages that were caused by the employer.
“Wrongful Dismissal” requires that there was a contract of employment, and that the contract has been breached by the employer. In order for employers and employees to understand their respective rights, and to be able to classify what might constitute wrongful dismissal, the parties must look to the original Employment Contract.
More than just termination of a person’s employment can constitute “Wrongful Dismissal“. Even if the employment is not technically terminated, any breach of the agreement between the employer and the employee may constitute “Constructive Dismissal“.
Any form of Dismissal that is not in line with the methods for termination that are in the agreement may be found to be Wrongful Dismissal. This includes Constructive Dismissal. Wrongful Dismissal may give rise to damages, as the employer may be required to reimburse the employee for any damages caused by the termination.
In most cases the Employment Contract will contain certain key terms and conditions, such as the job’s description, the length of the agreement, lawful methods of termination, details of the probationary period (if there is one), remuneration and policies. A breach of any of these terms and conditions may constitute a breach of the agreement and could give rise to damages that may be recoverable by the employee.
Once the employee has shown that there has been a breach of the agreement, it is their job to then show that they have suffered damages as a result of the breach. When an agreement is breached by one party, it is the goal of contract law to put the other party in the position that they would be in had the contract been properly fulfilled.
For more information about protecting your rights as an employer or an employee, contact one of the lawyers at Levy Zavet PC today for a free 1-on-1 consultation!