ExpertEasy1 markMultiple Choice
ACCA · Question 32 · Corporate and Business Law
Which of the following best defines 'wrongful dismissal' in employment law?
Which of the following best defines 'wrongful dismissal' in employment law?
Answer options:
A.
Dismissal for an automatically unfair reason, such as pregnancy.
B.
Dismissal without following a fair disciplinary procedure.
C.
Dismissal in breach of the terms of the employment contract, usually regarding notice periods.
D.
When an employee resigns due to the employer's hostile conduct.
How to approach this question
Distinguish between the common law concept of wrongful dismissal and the statutory concept of unfair dismissal.
Full Answer
C.Dismissal in breach of the terms of the employment contract, usually regarding notice periods.✓ Correct
Wrongful dismissal is a common law claim for breach of contract. It almost always arises when an employer dismisses an employee without giving the notice period specified in the contract (or the statutory minimum notice), unless the employee committed gross misconduct.
Common mistakes
Confusing wrongful dismissal (breach of contract/notice) with unfair dismissal (statutory fairness).
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