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.
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Famous quotes containing the words relation to, relation and/or constructive:
“In relation to God, we are like a thief who has burgled the house of a kindly householder and been allowed to keep some of the gold. From the point of view of the lawful owner this gold is a gift; From the point of view of the burglar it is a theft. He must go and give it back. It is the same with our existence. We have stolen a little of God’s being to make it ours. God has made us a gift of it. But we have stolen it. We must return it.”
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