Wrongful Dismissal Article Index for
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Wrongful Dismissal
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Examples of wrongful dismissal might include:

  • dismissal without going through a contractually mandated dismissal process, which might involve an escalating series of warning letters, &c, where grounds for dismissal are not such as to meet the test for summary dismissal.

  • dismissal for a wrongful cause, for instance in a circumstance in which a dismissible action is falsely attributed to an employee.

  • Racial , Sexual , or Age Discrimination

  • retaliation for filing a Workers' Compensation claim or for reporting illegal employer activity (a.k.a. Whistleblowing ).


Wrongful dismissal will tend to arise first as a claim by the employee so dismissed. Many jurisdictions provide tribunals or courts which will hear actions for wrongful dismissal. A proven wrongful dismissal will tend to lead to two main remedies: reinstatement of the dismissed employee, and/or monetary compensation for the wrongfully dismissed.

A related situation is Constructive Dismissal , in which an employee feels no choice but to resign from employment for reasons imposed by the employer.

One way to avoid potential liability for wrongful dismissal is to institute an Employment Probation period after which a new employee is automatically terminated unless there is sufficient justification not to do so. The dismissed employee may still assert a claim, but proof will be more difficult, as the employer may have broad discretion with retaining such a temporary employee.


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