Law · Legal Information · Justice
 

Unfair Dismissal

A dismissal of an employee in the absence of a substantial reason.

A term preferred in England to refer to what other common law jurisdictions might refer to as unjust dismissal or wrongful dismissal.

A finding as to unfair dismissal is essentially an assessment of facts in each case, as the Courts defer to equity or, as stated in Halsbury's Laws of England, 4th Edition (2005), Volume 16(1B) at page 97:

"... the determination as to whether the dismissal is fair or unfair, having regard to the reason shown by the employer ... must be determined in acordance with equity and the substantial merits of the case.

"An employment tribunal must test both procedural and substantive elements to decide on the merits of the case."

Latest LagMag headlines:

Pro Bono Hypocrisy

Envelope please! (Drum roll.) The award for pro bono works goes to ... John Doe, Esquire and Q.C. ..... because he has the highest rates to his paying clients and he can afford to charade as a poverty avenger!

End of the World Law

As we all march to our lemming-like demise upon the cliff of environmental disaster, a path of law back to safety may yet be found.

Polygamy Now Safely Brewed In British Columbia?

The Provincial government's top law enforcement officer toys with not prosecuting polygamists and bigamists, anticipating a Charter ass-kicking in Court. If so, law is orphaned and we all suffer.


Read earlier headlines »
Subscribe to stay in touch »


Switch to variable width

Switch to fixed width

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top