| Commentary

(2) Competence

| Commentary

(2)     Competence

The employee impliedly promises that he is reasonably competent to do the job: Harmer v Cornelius (1858) 5 CBNS 236. Thus incompetence is a breach of contract, and serious incompetence may justify summary dismissal at common law; but the statutory provisions relating to unfair dismissal are of much greater importance from a practical point of view. Incompetence can justify dismissal under the statute (see para DI [1106] ff), but it probably will not do so unless the employee has first been warned that his performance is inadequate and has been given a chance to improve:James

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