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PRACTICE AREAS Litigation & Arbitration Labor Dispute understanding wrongful dismissal in China employment law and its relation with employment contract
PRACTICE AREAS Litigation & Arbitration Labor Dispute understanding wrongful dismissal in China employment law and its relation with employment contract
Labour Dispute
Thursday, 06 January 2011 11:40
Wrongful dismissal is a term used in employment law to describe the scenario when an employee is dismissed without the due notice required. It can also refer to a situation where the incorrect length of notice has been applied or if work has been terminated in spite of the terms laid down in an employment contract. Breaches of contract between an employer and the employee can be regarded as wrongful dismissal and if the fault lies with the employer the employee can seek compensation through an employment tribunal.
However many employers confuse the term with that of unfair dismissal. Unfair dismissal refers to a situation where an employer has no solid grounds to dismiss an employee. A good example of this is if a staff member was sacked for taking sick leave or maternity leave. In contrast wrongful dismissal comes from a breach of contract law.
If the reason for dismissal is that of gross misconduct then often an employee loses their right to a notice period. This is often referred to in the employment manual.
Employers should understand their obligations when entering into an employment contract and if they are unsure about their rights in a given situation refer to employment law solicitors who can advise them appropriately on their rights. An employee who has been wrongfully dismissed can make a claim at the employment tribunal and compensation can be substantial. To avoid the damage that can be caused by tribunal claims it makes sense to refer to the experts when carrying out any form of dismissal. The compensation run up to thousands of pounds but the greater cost is that to the company reputation.
Employment law is constantly changing and there are many pitfalls for employers if they are not well informed. At NorthgateArinso we have years of employment law experience and can advise your appropriately on all circumstances.
However many employers confuse the term with that of unfair dismissal. Unfair dismissal refers to a situation where an employer has no solid grounds to dismiss an employee. A good example of this is if a staff member was sacked for taking sick leave or maternity leave. In contrast wrongful dismissal comes from a breach of contract law.
If the reason for dismissal is that of gross misconduct then often an employee loses their right to a notice period. This is often referred to in the employment manual.
Employers should understand their obligations when entering into an employment contract and if they are unsure about their rights in a given situation refer to employment law solicitors who can advise them appropriately on their rights. An employee who has been wrongfully dismissed can make a claim at the employment tribunal and compensation can be substantial. To avoid the damage that can be caused by tribunal claims it makes sense to refer to the experts when carrying out any form of dismissal. The compensation run up to thousands of pounds but the greater cost is that to the company reputation.
Employment law is constantly changing and there are many pitfalls for employers if they are not well informed. At NorthgateArinso we have years of employment law experience and can advise your appropriately on all circumstances.
In order to understand the correlation between employment contracts and unfair dismissal, a solid understanding of what each means is imperative. For the most part, an unfair dismissal is one where an employee is dismissed from working for the same employer for at least one year and the dismissal is specifically related to protected grounds.
Without valid grounds or on grounds that amount to discrimination, applicable employment contracts may actually protect the employee who has been dismissed. Clearly, the definition of an employment contract involves is specified by the particular employer thus no cookie cutter explanation will suffice as a definition.
An individual who has experienced unfair dismissal or wrongful dismissal is one who is certain to feel angry and upset. Truth be told, however, this time of employment severance is not one to be ruled by the emotions.
Without valid grounds or on grounds that amount to discrimination, applicable employment contracts may actually protect the employee who has been dismissed. Clearly, the definition of an employment contract involves is specified by the particular employer thus no cookie cutter explanation will suffice as a definition.
An individual who has experienced unfair dismissal or wrongful dismissal is one who is certain to feel angry and upset. Truth be told, however, this time of employment severance is not one to be ruled by the emotions.
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