What is the difference between unfair dismissal and wrongful dismissal?
A. A wrongful dismissal claim is a claim based upon the breach by the employer of the employee’s contract of employment, which if successful, allows the employee to seek damages. A claim of unfair dismissal is a breach of an employee’s statutory right not to be unfairly dismissed from work. If an employee presents a successful claim of unfair dismissal, he or she is entitled to receive a basic award of damages together with a further compensatory award for losses arising from the termination of employment. Generally, awards for unfair dismissal are significantly higher than wrongful dismissal awards. However, an employee must usually be employed for at least one year to qualify for the right to claim unfair dismissal.
