CIMA BA4 Syllabus C. CONTRACT AND EMPLOYMENT LAW - Explain Wrongful Dismissal - Notes ^{3 / 7}

It is a common law claim

Eg. You have been Summarily dismissed (no notice).

You CANNOT claim for wrongful dismissal if you committed:

• Wilful disobedience of a lawful order

• Misconduct, in connection with the business or outside it

• Dishonesty, where the employee is in a position of particular trust

• Incompetence or neglect

• Gross negligence

• Immorality, if likely to affect performance of duties or the reputation of the business

• Drunkenness, in aggravated circumstances such as when driving a vehicle

These are basically damages

And these damages would be your loss of earnings through having no notice - so the earnings you would have made during the notice period had you been given one

However you must try and mitigate your loss by looking for work elsewhere