Summary Dismissal

Summary Dismissal

Summary Dismissal or Dismissal without Notice

A dismissal without notice or payment in lieu of notice is called a ‘summary dismissal’ or dismissal without notice. An employer is entitled to dismiss summarily if the employee has committed a serious/repudiatory breach of contract.

Gross Misconduct

The actions of an employee which are capable of serious breach are usually referred to as acts of ‘gross misconduct’. There is no statutory definition or definitive guidance as to the degree of misconduct necessary for a serious breach, however it is widely accepted that actions involving violence, dishonesty, serious negligence and wilfully disobeying lawful instruction are likely to justify summary dismissal.

Breach of Confidentiality

In extreme cases (e.g. where the employee has breached confidentiality) an employer may sue the employee for damages and/or obtain an injunction. A legal action might result in an injunction, which is an order from the court that prohibits someone from using your sensitive information, or damages, which the employee would be obligated to pay to you. Depending on the gravity of the violation, the court will determine whether or not an injunction or monetary damages are more appropriate remedies.