Distinguish Between Unfair and Wrongful Dismissal

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Test question: Distinguish unfair dismissal form wrongful dismissal and their measure of remedies. Name: Nkole Mwansa CPD: Level one. Date: 22nd September 2014 Overview of dismissals and remedies available A dismissal to begin with refers to ending an employee’s contract by an employer. Employers can end an employee’s contract but the process of ending a contract has to be followed as determined by the terms in the contract and has to be done fairly. Other terms that have to be followed when ending a contract of employment may be stated in the company policy and/or collective agreement signed between the employer and the employee representative i.e. a recognized union. There are different types of dismissals and these include fair dismissal, unfair dismissal, wrongful dismissal and constructive dismissal. Depending on the reasons and the process followed behind a dismissal, a dismissed employee can claim unfair, wrongful or constructive dismissal. In some instances, the dismissed employee can claim more than one type of dismissal if they can prove that the employer is guilty of more than one. Where the proper process is followed and the reasons are justifiable such as a serious misconduct on the part of the employee, the dismissal is said to be fair and the dismissed employee cannot have any grounds to contest the dismissal. An ex-employee can claim constructive dismissal if he or she is forced to resign because of the employer’s series of actions or one serious action. The actions could be discriminatory, failure to protect an employee from discrimination from management or fellow employees or an unlawful deduction in wages or even a relationship gone sour because an employee refused to give in to unreasonable or otherwise unlawful demands by the employer. A dismissal is said to be unfair if there is no good reason for it or the dismissal

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