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The law of employment

Notice and dismissal

Notice

Many contracts of employment will expressly state how much notice is to be given by
either party in order to terminate the contract. Some jurisdictions have legislation
which lays down certain minimum periods. These are usually based on the
employee’s length of continuous service with the employer.

Dismissal

Wrongful dismissal

This is the term often used where the employer terminates the contract:

 without giving proper notice, or

 during its fixed term.

Dismissal without notice is known as summary dismissal.

Summary dismissal is usually wrongful dismissal unless the employee:

 waives their rights or accepts payment in lieu of notice

 repudiates the contract themselves or is in fundamental breach (e.g. wilful
refusal to obey lawful orders; failure to show professional skill; serious
negligence; breach of duty of good faith).

Remedies

An individual who believes he has been wrongfully dismissed would sue for
compensation in the form of damages (a monetary sum linked to the period of notice
he failed to receive).

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