Relation To Constructive Dismissal
A wrongful dismissal can be actual or constructive, but a constructive dismissal is almost certain to be a wrongful dismissal since the correct notice will not have been given if the dismissal was caused by a resignation itself caused by the employer's serious breach of contract. An employee who was constructively dismissed, as well as possibly having a claim for breach of the duty not to destroy the bond of mutual trust, will usually have a claim for wrongful dismissal. As only economic loss can be claimed for breach of contract, the main loss will be earnings due to the lost notice period as opposed to any disgruntlement about the manner or reason for dismissal, so the constructive nature of the dismissal tends to disappear into the claim for lost notice period.
Read more about this topic: Wrongful Dismissal
Famous quotes containing the words relation to, relation and/or constructive:
“Hesitation increases in relation to risk in equal proportion to age.”
—Ernest Hemingway (1899–1961)
“... a worker was seldom so much annoyed by what he got as by what he got in relation to his fellow workers.”
—Mary Barnett Gilson (1877–?)
“Work is a responsibility most adults assume, a burden at times, a complication, but also a challenge that, like children, requires enormous energy and that holds the potential for qualitative, as well as quantitative, rewards. Isn’t this the only constructive perspective for women who have no choice but to work? And isn’t it a more healthy attitude for women writhing with guilt because they choose to compound the challenges of motherhood with work they enjoy?”
—Melinda M. Marshall (20th century)