Wrongful Dismissal / Wrongful Termination

What is Wrongful Dismissal / Wrongful Termination?

 

‘‘Wrongful Dismissal’ or ‘Wrongful Termination’ refers to the unethical practice of terminating an individual’s employment citing any invalid reason. This kind of termination usually breaches the employment laws of the land.

 

Being terminated for any of the following reasons will amount to wrongful dismissal in a court of law:

 

  • Discrimination based on factors such as race, nationality, religion, sex, age, etc.

 

  • Dismissal as retaliation against something which the employee did earlier

 

  • Employee’s refusal to commit any illegal act for the employer

 

  • The employer is going against their own employment termination process

 

  • The employee is a whistleblower.

 

A related concept is ‘Constructive Dismissal’ wherein the company forces the employee to resign by using indirect tactics.

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