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Dismissal

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Dismissal

  • This topic has 3 replies, 2 voices, and was last updated 10 months ago by MikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
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    Posts
  • March 24, 2022 at 9:32 pm #651826
    ilham9089
    Member
    • Topics: 236
    • Replies: 176
    • ☆☆☆

    Hi Mike, what exactly is the difference between wrongful and unfair dismissal? Can’t both be assumed to be the same? Also, can constructive dismissal for example also be wrongful dismissal or unfair dismissal?

    March 25, 2022 at 6:56 am #651835
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22702
    • ☆☆☆☆☆

    Wrongful dismissal is where an employer breaks the terms of the employment contract during the dismissal process, typically by dismissing the employee without giving them proper notice or pay in lieu of notice

    A constructive dismissal might lead to a claim for wrongful dismissal

    In the case of unfair dismissal, it’s necessary to understand that there are situations where a dismissal is automatically unfair. But there are also 5 situations where the employer may show that the dismissal was a fair one

    1 because of the employee’s misconduct (eg theft, poor attendance or violence)
    2 because of the employee’s lack of capability (ie poor performance) or qualification
    3 a genuine redundancy
    4 a statutory requirement (eg an employee needed to drive but has had their driving licence revoked)
    5 some other substantial reason (eg the employee unreasonably refuses to accept changes to their terms of employment)

    Is that all clear now?

    March 26, 2022 at 5:33 pm #651946
    ilham9089
    Member
    • Topics: 236
    • Replies: 176
    • ☆☆☆

    Yes, thank you Mike.

    March 26, 2022 at 8:02 pm #651955
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22702
    • ☆☆☆☆☆

    You’re very welcome

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