| Commentary

(a) Summary

| Commentary

(5)     Wrongful express dismissal

(a)     Summary

We now consider wrongful dismissal of the employee by the employer. This can be by way of express dismissal or constructive dismissal.

The focus here will be on express wrongful dismissal, the concept of constructive wrongful dismissal having already been considered in detail at para [447] ff.

The cases that we have looked at in para [449] ff above on automatic termination can be seen as cases where the employer cannot continue the employment, and to that extent the contract is inevitably brought to an end, willy-nilly.

What we are now considering is the situation where the employer can continue but will not continue the employment. That is to say, where it peremptorily and without justification dismisses the employee from its service. This may be with no notice or insufficient notice where there is no

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