Relation To Constructive Dismissal
A wrongful dismissal can be actual or constructive, but a constructive dismissal is almost certain to be a wrongful dismissal since the correct notice will not have been given if the dismissal was caused by a resignation itself caused by the employer's serious breach of contract. An employee who was constructively dismissed, as well as possibly having a claim for breach of the duty not to destroy the bond of mutual trust, will usually have a claim for wrongful dismissal. As only economic loss can be claimed for breach of contract, the main loss will be earnings due to the lost notice period as opposed to any disgruntlement about the manner or reason for dismissal, so the constructive nature of the dismissal tends to disappear into the claim for lost notice period.
Read more about this topic: Wrongful Dismissal
Famous quotes containing the words relation to, relation and/or constructive:
“Concord is just as idiotic as ever in relation to the spirits and their knockings. Most people here believe in a spiritual world ... in spirits which the very bullfrogs in our meadows would blackball. Their evil genius is seeing how low it can degrade them. The hooting of owls, the croaking of frogs, is celestial wisdom in comparison.”
—Henry David Thoreau (1817–1862)
“There is a constant in the average American imagination and taste, for which the past must be preserved and celebrated in full-scale authentic copy; a philosophy of immortality as duplication. It dominates the relation with the self, with the past, not infrequently with the present, always with History and, even, with the European tradition.”
—Umberto Eco (b. 1932)
“If grandparents want to have a meaningful and constructive role, the first lesson they must learn is that becoming a grandparent is not having a second chance at parenthood!”
—Eda Le Shan (20th century)