Wrongful Dismissal

Wrongful dismissal happens when an employee is terminated without proper notice or valid reason. If you have been dismissed unfairly, you may be entitled to compensation or other remedies. Knowing your rights is key to protecting yourself and ensuring fair treatment at work. At Linley Welwood, we recognize that wrongful dismissal is not just a legal issue; it profoundly impacts the lives of those affected. That is why we have compiled some information outlining what wrongful dismissal is and what you should do if you have been dismissed unfairly.

Learn some legal tips for handling employee terminations.

What is Wrongful Dismissal?

Wrongful dismissal occurs when an employer fails to provide reasonable notice or compensation before terminating an employee. This, however, does not necessarily mean the employer had no reason to terminate you—it means they didn’t follow the legal process required for dismissal. For example, if you are fired suddenly without notice or a severance package, it may qualify as wrongful dismissal.

Reasonable Notice or Severance

In many cases, employers must provide reasonable notice or compensation in place of notice. The length of notice depends on factors like your age, length of service, job position, and the availability of similar work. For long-term employees or those in specialized roles, the required notice period can be longer. If the employer does not meet these obligations, the dismissal may be considered wrongful.

Constructive Dismissal

Constructive dismissal is another form of wrongful dismissal. It happens when an employer changes a significant term of your employment without your consent, such as cutting your salary, reducing your responsibilities, or forcing you to relocate. If the changes make it unreasonable for you to continue working, you may have the right to treat it as a dismissal and seek compensation.

Just Cause for Termination

Employers can terminate employees without notice if they have just cause. This usually involves serious misconduct like theft, fraud, or workplace violence; however, not every mistake or performance issue qualifies as just cause. If your employer claims just cause, but the reason is not serious enough, you may have grounds for a wrongful dismissal claim.

What to Do if You Have Been Wrongfully Dismissed

If you believe you have been wrongfully dismissed, act quickly. Start by reviewing your employment contract and documenting the circumstances of your termination. It is also wise to seek legal advice to understand your rights and options. You may be entitled to compensation, which could include lost wages, benefits, and other damages.

If you have any questions about our services or information regarding wrongful dismissal, please feel free to reach out to us through our online contact form. We are here to assist you with any queries you might have.