Common Law
What are remedies for wrongful dismissal? Well, these are all things that can happen when you get sued. It doesn’t really matter what the reason is for you being sued. Maybe you were just following the rules and regulations in your employment contract and got sued for something you didn’t do. Maybe you weren’t being paid as much as you were owed and there was this unfair promotion at work. Whatever it is, if you have been violated in any way then you should definitely get a lawyer to help you get those remedies for wrongful dismissal.
Verbal dismissals are when the person being sued just says “I don’t think I’m being dismissed.” This is called a static dismissal. If you are not allowed to contact or reply to the employer during the notice period then you would be considered a verbal dismissal. Verbal dismissals are very common and are usually nothing to worry about. Usually when you get a letter from the employer responding to your request for a written notice, they will state that you can contact them later.
Other types of remedies for wrongful dismissal include a claim for breach of contract damages. In this case the employee actually has an actual contract with the employer. The breach of contract damages could be an injury, damages towards loss of benefits, and losses. Another common claim is that the employer breached the workers compensation Act. There are also claims regarding negligence. For example, if you were making adjustments to your car and you ended up getting hurt because of it, then you can claim financial damages from the employer.
Remedies for Wrongful Discharge – Common Law
There are also claims that the employer behaved dishonestly with the employees. Normally this claim would only hold if you were working under a common law contract. However, there are also common law breach claims in which the employer behaved dishonestly. This can be proven by showing that there was a pattern of such behavior. The employee might also have grounds for a breach of contract claim if the employer refused to compensate for your injuries after you went to hospital.
Another common reason for a claim is the employer terminates an employee without a reasonable cause. If this happens then the employee has a right to claim unfair dismissal. In order to win your case you will need to show that there is a link between the employer’s decision to terminate you and your continued employment. It is important to note that even if an employer terminates your contract you do not have to quit your job as long as there is a valid reason or you were given reasonable notice before your termination was announced.
There are a few things that you should keep in mind when pursuing a claim. Make sure that you take your contract and any additional literature to court. You will need to provide evidence that there is a breach of contract or a breach of the act. If you have proof then this can help you make a more successful claim.