What Happens When an Employee Is Dismissed Without Notice or Payment?

If an employee is dismissed without notice or payment in lieu of notice, it may be considered:

A. 'Wrongful dismissal'

Wrongful dismissal occurs when an employer dismisses an employee without a valid reason or without following the proper procedures. This can include dismissing an employee without notice or without paying them in lieu of notice.

B. 'Constructive dismissal'

Constructive dismissal occurs when an employer makes changes to the employee's job or working conditions that are so unreasonable that the employee feels forced to resign. This can include a significant reduction in salary, a change in job responsibilities, or a demotion.

C. 'Fair dismissal'

Fair dismissal occurs when an employer dismisses an employee for a valid reason, such as poor performance or misconduct. However, the employer must follow the proper procedures, including giving the employee notice of the dismissal and an opportunity to respond.

D. 'Voluntary dismissal'

Voluntary dismissal occurs when an employee chooses to leave their job. This can include resigning, retiring, or taking another job.

In the scenario described, where an employee is dismissed without notice or payment in lieu of notice, the most likely scenario is 'wrongful dismissal.' However, the specific circumstances of the dismissal will determine the legal outcome. It is essential to seek legal advice if you believe you have been wrongfully dismissed.