In wrongful dismissal cases, absent a lawful written contractual entitlement, the courts conduct an individualized assessment to determine what would be reasonable notice of the dismissal.
In a recent contribution to First Reference Talks (a collaborative HR and employment law advisory blog), Paul Willetts highlighted two wrongful dismissal cases where the short-service plaintiffs, who otherwise differed significantly (in terms of age, compensation and character of employment), both received a 2.5 month notice period.
When viewed in context, and given their inherent differences, these two decisions are difficult to reconcile. Click here to read the full article.
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