Wrongful Or Deceptive Wages?
In civil law, wrongful constructive dismissal, also known as wrongful dismissal or wrongful termination, is a case in which the employer’s contract of work is terminated for some reason, usually out of context of that employee’s employment, where the termination contravenes one or more provisions of that contract of work. A common example would be a dismissal due to a misunderstanding of regulations concerning smoking in the workplace. Another common example is the dismissal of an employee for gross misconduct, such as discrimination or sexual harassment. Other reasons for wrongful dismissals include: a sudden change in policy (such as a reduction in hours) and/or new terms and conditions of employment; or even an increase in workload. In all these cases, an employee is not given an opportunity to know the reason for his dismissal and, if he contests the action, he is likely to lose his case. There are two main defenses available to employees who are facing wrongful dismissals: negligence and misrepresentation.
Negligence is an example of a common mistake that an employer could make when handling an employee disciplinary case. If the employer has made an error in reaching a conclusion about a job candidate, has failed to take into consideration facts that support a different conclusion, has relied on improper information, etc., the employee can make a claim for wrongful and constructive dismissal based on these mistakes. Even if the employee was wrong in an alleged discriminatory act during the time he was employed, he can still make a claim for breach of contract and wrongfully implied consent.
Another common mistake in handling an employment case is misrepresentation. This is, however, a very difficult area of the law to defend against. It basically means that if the employer has made any misleading statements or representations to their employees or to any third party about their employment, they can be sued for the consequences of those statements and misrepresentations. Even if the employees are incorrect in their representations, the employer must still prove that they were wrong.
How To Claim Compensation For Wrongful And Deceptive Wages
A final area of concern in this area of the law is misrepresentation. In this area of the law, the employee may have breached the employment contract in one way or another. For example, if the employee is promoted after knowing that a condition would prevent them from qualifying for promotion on the same job for which they were previously qualified, then that employee could be considered a breach of contract. The employee may have breached the contract by failing to disclose a serious physical or mental condition that can affect their ability to work. A court may hold the employer liable for this breach of contract claim if it had known about the potential dangerous condition but failed to make reasonable accommodations for the disabled worker. In this case, not only could the employer be held responsible for monetary damages, but also could be found to have breached the contract in a “material” way.
As you can see from this article, there are many possible grounds for making a wrongful or constructive dismissal claim. If you feel that you have suffered a breach of contract or even if you believe that your employer has contravened the Employment Relations Act, it is important that you retain an attorney who is experienced in these matters. The last thing you want is to go to court and lose because your rights were infringed.
Whichever area of the law you decide to pursue, if your employer is sued for wrongful or constructive dismissal, you should always consult an employment solicitor as soon as possible. The first step is to consult a legal expert advisor so that you will know exactly what steps to take next. Remember that even if you do feel that you have been unfairly dismissed, it is important that you do not attempt to fight your case alone. You need to have an advocate with you to help you fight back.