Wrongful Termination by the Employing Entity
Wrongful Termination by the Employing Entity
This chapter argues that the association between the unrestricted notice rule and the remedial approach to wrongful dismissal is crucial to the understanding of the whole of the law of termination of personal work contracts. The unrestricted notice rule and the remedial approach to wrongful dismissal have formed a nexus or complex of ideas, the combined impact of which upon the law of termination of personal work contracts has been allowed to become and to remain a dominant one. The chapter calls into question that domination, in the sense that it questions whether a body of law of termination of personal work contracts constructed around that central theoretical complex can adequately meet the various interpretative demands currently made upon it.
Keywords: personal work contracts, employment law, unrestricted notice rule, wrongful dismissal, termination of contracts, remedial approach
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