The employee
brought a wrongful dismissal claim against her former employer, claiming entitlement to reasonable notice at common law.
The limitation period for
bringing a wrongful dismissal claim is typically two years from the dismissal.
Not exact matches
Mr Smith
brought various
claims including unfair and
wrongful dismissal.
The employee
brought a
claim for
wrongful dismissal.
Ms. Langford
brought a civil action against Carson Air,
claiming damages for, amongst other things,
wrongful dismissal.
Nagribianko v. Select Wine Merchants Ltd. was a
wrongful dismissal action
brought in Small
Claims Court by the Plaintiff, Alexander Nagribianko («Mr. Nagribianko»).
Under the Limitations Act all
wrongful dismissal claims must be
brought with in 2 years of the date the
claim was discovered.
Mr. Papp subsequently
brought a
claim against Stokes for
wrongful dismissal, where he sought: (a) $ 65,000 in damages for
wrongful dismissal; (b) $ 500,000 in damages for defamation; (c) $ 200,000 in punitive, exemplary and aggravated damages; and (d) $ 30,000 in damages for intentional infliction of mental suffering.
From an employer's perspective, an employee who is working elsewhere has less incentive to
bring or maintain a
claim for
wrongful dismissal, particularly if the salary is the same (or better).
The defendants
brought a motion for summary judgement to have the
claims dismissed as against the directors and the holding companies on the basis that they were not employers of the plaintiff and therefore have no place in the action for
wrongful dismissal.
First, on the particular facts, (alleged
wrongful dismissal of a director) the court considered that rather then
bring a
claim, the hypothetical director would be more likely to replace the directors responsible.
Being that the law regarding limitation periods for
wrongful dismissal claims is unsettled, lawyers should of course ensure that
wrongful dismissal claims are
brought within two years of notice of termination.
The Plaintiff
brought a
claim for
wrongful dismissal and further alleged the termination of her employment to have been discriminatory.