Different Types of Dismissal – An Overview

Employment Law | March 31, 2022

Dismissal is an inevitable yet sometimes unpleasant part of any operation. If you are an employee, it is crucial to understand the different types of dismissal as this will help to ensure that you are getting everything you are entitled to should your position be terminated without cause. If you are an employer, understanding the different types of dismissal is crucial for ensuring that you are handling the termination properly and minimizing your risk of a wrongful dismissal claim. To ensure that both parties have the information they need, the employment lawyers at Linley Welwood have compiled a list of the most common types of dismissal and their defining characteristics.

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What are the Different Types of Dismissal from Employment?

Aside from resignation and layoffs, there are many ways in which employment can be terminated. The most common types of dismissal include:

Termination With Cause

Also known as just cause dismissal, this is typically reserved for worst-case scenarios. In this situation, “cause” can include insubordination, theft, violence, or any other severe misconduct by the employee that results in their employment being terminated.

Learn all about the laws regarding temporary layoffs.

Reasonable Notice /Termination Without Cause

The only legal method for an employer to terminate employment without cause is via dismissal with reasonable notice. A variety of criteria are used to determine the amount of notice an employee will be entitled to before their job will be terminated, though it is largely dependent on the length of their employment. Severance pay can also be offered in lieu of notice at the time of dismissal should an employer wish to proceed in this manner.

Constructive Dismissal

Constructive dismissal refers to a process where an employee is forced out of their job due to unilateral changes to their employment contract they do not agree with. These changes generally entail a significant change in title/role or alterations to working conditions that the employee had no reason to anticipate. Constructive dismissal cases can often lead to wrongful dismissal cases, so this process must be handled with care.

Learn more about constructive dismissal.

Wrongful Dismissal

When an employee is fired without proper notice and there was no cause for termination, the employer may be held responsible for wrongful dismissal. In many situations, this can be resolved by the employer providing the employee what they are owed in the form of severance pay, though some more complex cases can be difficult to handle without the support of an employment lawyer.

Learn more about wrongful dismissal.

To learn more about the types of dismissal or to speak with one of our employment law specialists, get in touch with the team at Linley Welwood. We can be reached through our online contact form and will be happy to answer any questions you may have regarding our services or your case.

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