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Am I correct in saying that the employer does NOT have to give the employee a reason for dismissal but just has to give proper notice in regards to wrongful dismissal, whereas in relation to unfair dismissal the employer MUST give the employee a reason? I am finding it confusing to distinguish Wrongful dismissal from Unfair dismissal
Wrongful dismissal refers to dismissal contrary to the contract of employment
This effectively means premature termination, either due to insufficient notice or lack of justifiable grounds
Although wrongful dismissal is usually associated with lack of notice, it can sometimes be caused by arbitrary dismissal where no notice was required but where certain grounds are specified in the contract of employment as being the only grounds available yet none existed of those specified grounds existed
In the case of unfair dismissal, this is where the employer dismisses an employee but the dismissal is, as the name suggests(!), unfair
Sometimes this is automatically unfair (eg pregnancy) and sometimes it’s necessary to prove that it’s unfair (eg relocation to another site a long way from home – that would be constructive dismissal)
OK?
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