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:
“Any relation to the land, the habit of tilling it, or mining it, or even hunting on it, generates the feeling of patriotism. He who keeps shop on it, or he who merely uses it as a support to his desk and ledger, or to his manufactory, values it less.”
—Ralph Waldo Emerson (1803–1882)
“There is a constant in the average American imagination and taste, for which the past must be preserved and celebrated in full-scale authentic copy; a philosophy of immortality as duplication. It dominates the relation with the self, with the past, not infrequently with the present, always with History and, even, with the European tradition.”
—Umberto Eco (b. 1932)
“Once we begin to appreciate that the apparent destructiveness of the toddler in taking apart a flower or knocking down sand castles is in fact a constructive effort to understand unity, we are able to revise our view of the situation, moving from reprimand and prohibition to the intelligent channeling of his efforts and the fostering of discovery.”
—Polly Berrien Berends (20th century)