![]() |
||||||||||||||||
|
||||||||||||||||
|
Wrongful dismissal
Wrongful dismissalA common-law claim based on breach of employment contract and, as such, wrongful dismissal is distinct from unfair dismissal. Where an employee is summarily dismissed in breach of his contractual entitlement to notice and other contractual entitlements he will have a claim for damages unless the dismissal was justified under the terms of his contract of employment. Damages are based on the employee's loss. RELATED TERMS-------------------------------------- Claim A demand for resolution or remedy of a grievance, or for something that is rightly the claimant's. Example: A demand for payment to recover a loss protected by an insurance policy. A demand in a court of law filed by a claimant on any juridical issue he / she considers. Breach The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract. Employment An employment is an office. Contract A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract. Dismissal Dismissal may take place if the employer terminates the contract of employment, or if a fixed contract of employment expires. It also occurs in cases of constructive dismissal (breach of contract by the employer leading to the employee's resignation); or deemed dismissal in the case of refusal to allow a woman back to work after maternity leave. It may be contrasted with resignation (at the employee's instance) which does not amount to dismissal Employee One who is authorized to act for another; a mandatory. Notice The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave. Will A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed. Damages A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort. Loss contracts. The deprivation of something which one had, which was either advantageous, agreeable or commodious. SIMILAR TERMS-------------------------------------- Wrong An injury; a tort a violation of right. In its most usual sense, wrong signifies an injury committed to the person or property of another, or to his relative rights, unconnected with contract; and these wrongs are committed with or without force. But in a more extended signification, wrong includes the violation of a contract; a failure by a man to perform his undertaking or promise is a wrong or injury to him to whom it was made. Wrong-doer One who commits an injury, a tort-feasor. Wrongful death An American tort law action which claims damages from any person who, through negligence or direct act or omission, caused the death of certain relatives (eg. spouse, children or parent). These actions are commenced under special "wrongful death" statutes because under the common law, there is no right of action for survivors for their own loss as a result of someone's death. The Canadian equivalent of the wrongful death legislation is generally known as the "fatal accidents act." In England, it is known as Lord Campbell's Act. Wrongful death lawsuit A lawsuit originated in a death caused by the negligence of another person. Wrongfully intending These words are used in a declaration when in an action for an injury, the motive of the defendant in committing it can be proved, for then his malicious intent ought to be averred. This is sufficiently done if it be substantially alleged, in general terms, as wrongfully intending. PREVIOUS AND NEXT TERMS-------------------------------------- Writs, judicial Practice. In England those writs which issue from the common law courts during the progress of a suit, are described as judicial writs, by way of distinction from the original one obtained from chancery. Written or statute law The municipal laws of England are the written or statute law; being acts of legislative bodies, to only supply what is defective, or to amend only what is amiss, in the unwritten laws. Wrong An injury; a tort a violation of right. In its most usual sense, wrong signifies an injury committed to the person or property of another, or to his relative rights, unconnected with contract; and these wrongs are committed with or without force. But in a more extended signification, wrong includes the violation of a contract; a failure by a man to perform his undertaking or promise is a wrong or injury to him to whom it was made. Wrong-doer One who commits an injury, a tort-feasor. Wrongful death An American tort law action which claims damages from any person who, through negligence or direct act or omission, caused the death of certain relatives (eg. spouse, children or parent). These actions are commenced under special "wrongful death" statutes because under the common law, there is no right of action for survivors for their own loss as a result of someone's death. The Canadian equivalent of the wrongful death legislation is generally known as the "fatal accidents act." In England, it is known as Lord Campbell's Act. Wrongful dismissal Wrongfully intending These words are used in a declaration when in an action for an injury, the motive of the defendant in committing it can be proved, for then his malicious intent ought to be averred. This is sufficiently done if it be substantially alleged, in general terms, as wrongfully intending. We thank you for using the Juridical Dictionary to search for Wrongful dismissal. If you have a better definition for Wrongful dismissal than the one presented here, please let us know by making use of the suggest a term option. This definition of Wrongful dismissal may be disputed by other professionals. Our attempt is to provide easy definitions on Wrongful dismissal and any other medical topic for the public at large.
|
|||||||||||||||
| © Juridical Dictionary 2005. All rights reserved. | ||||||||||||||||