Question

wrongful dismissal与 unfair dismissal的区别

Answer 1

想发一个留言给你,发不出气,说什敏感.实际上,自己没有亲身经历或者是现实接触不到的东西,就很难理解.不过,没关系,只有上网搜一下就解决了,方法是输入想搜的关键词,谷歌.x0dThere are five major differences between wrongful dismissal and unfair dismissal.x0d(1) Contract vs.Statutex0dThe first key difference is that wrongful dismissal involves a breach of contract,whereas unfair dismissal involves a breach of statutory law.x0d(2) Courts/Tribunal vs.Tribunalx0dAnother key distinction is that you can pursue your claim for wrongful dismissal either in the civil courts or before an employment tribunal.But you can only claim unfair dismissal in front of an employment tribunal.x0d(3) Remediesx0dThe rules on remedies are also very different.There are two remedies available for unfair dismissal:re-instatement / re-engagement and compensation.While tribunals rarely order re-instatement or re-engagement for unfair dismissal (since few claimants request it),they never do for wrongful dismissal.x0dMoreover,unlike wrongful dismissal,compensation for unfair dismissal consists of two elements - the basic award and the compensatory award.The basic award is determined by reference to a fixed statutory formula and limited to a maximum overall payment of (as of 1st February 2010) £11,400.The amount a court/tribunal can order for the compensatory award is also limited,currently to £65,300.x0dSince wrongful dismissal is founded on contract law,it is subject to standard rules for contractual damages.This means you cannot recover damages that do not arise naturally from the breach.And damages should put you,so far as money can,in the same position as if the contract had been performed.x0dThere is no limit on the amount of damages a civil court can award for wrongful dismissal.But an employment tribunal cannot award more than £25,000.x0d(4) Time limitsx0dTurning to the time limit for filing a claim with an employment tribunal,this is the same for both unfair dismissal and wrongful dismissal - within three months of your last day of employment.x0dAs stated above,however,you can pursue your claim for wrongful dismissal either in the civil courts or before an employment tribunal,and the time limit for filing in civil court is much longer - you have six years from the date you were dismissed.x0d(5) Service qualification period