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Cover Employment Law

9. Wrongful and constructive dismissal  

This chapter begins with an exploration of wrongful dismissal law, which has for many decades provided employees who are dismissed in breach of their contracts with the opportunity to apply to a court for damages. In recent decades wrongful dismissal has been superseded to an extent by unfair dismissal law, which provides a more satisfactory remedy for most who are unlawfully dismissed. But there are circumstances in which the longer-established law continues to play a role, and this is the focus of the first part of the chapter. It then moves on to look at constructive dismissal law, which appears to become more significant each year as precedents are set and more people become aware of the possibilities it offers when they resign from their jobs as a direct result of suffering unacceptable treatment from their employers.