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which of the following statements regarding summary dismissal are correct ?
A. It is permissible whenever an employee has breached their contract
B. Without justification, it allows a claim for wrongful dismissal
C. It means termination of employment with the statutory minimum noticethe answer for the above question is B, that I understand why but could you please explain why it cant be A.
Merely breaching the terms of a contract of employment would not normally be sufficient grounds for summary dismissal
It would be usual for employers to sub-categorise an employee’s negative behaviour into
misconduct and gross misconduct.Something as relatively trivial (misconduct) would not normally be grounds for summary dismissal – maybe a reprimand followed by written warning and so on
Gross misconduct typically forms the basis for summary dismissal, and can include things like turning up to work under the influence of drugs, violence against a colleague or client, hijacking client relationships or stealing sensitive corporate materials
So option A (It is permissible whenever an employee has breached their contract) may possibly be true where the breach involved stealing sensitive materials where the contract had a term that stated that employees “shall not steal sensitive materials”
OK?
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