ExpertMedium2 marksMultiple Choice
ACCA · Question 08 · Employment law
A marine biologist at 'DeepBlue Aquaculture' is dismissed immediately without notice after being five minutes late to work. She has worked there for 3 years. The employer claims it is a summary dismissal.
Which of the following legal claims is most appropriate regarding the lack of notice?
A marine biologist at 'DeepBlue Aquaculture' is dismissed immediately without notice after being five minutes late to work. She has worked there for 3 years. The employer claims it is a summary dismissal.
Which of the following legal claims is most appropriate regarding the lack of notice?
Answer options:
A.
Unfair dismissal.
B.
Wrongful dismissal.
C.
Constructive dismissal.
D.
Redundancy.
How to approach this question
Differentiate between unfair dismissal (statutory right regarding the fairness of the reason) and wrongful dismissal (common law right regarding breach of contract, specifically notice periods).
Full Answer
B.Wrongful dismissal.✓ Correct
Wrongful dismissal is a common law breach of contract claim. It occurs when an employer terminates an employee without providing the correct notice period (either statutory or contractual). Being five minutes late is not gross misconduct, so summary (instant) dismissal is not justified, making it a wrongful dismissal.
Common mistakes
Confusing wrongful dismissal with unfair dismissal. Wrongful dismissal is purely about the breach of contract (usually notice period), while unfair dismissal is about the statutory fairness of the reason and procedure.
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