Michael Fitzgibbon has a good article summarizing a recent case in which the court made some very clear comments on various aspects of damage awards for wrongful dismissal on his Thoughts from a Management Lawyer blog. Its a worthwhile read.
Even though I’ve used the common term “wrongful dismissal” – the court points out that there is no such thing. Either employer or employee can end their arrangement at any time for any reason. The real issue is how much notice must be given.
I guess we will have to come up with a new term to replace “wrongful dismissal” – how about “insufficient termination notice”.