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THE LAW OF WRONGFUL DISMISSAL

J.R. Carby‐Hall (Senior Lecturer in Law, Faculty of Law, University of Hull and Visiting Reader in Law at I.M.C.B.)

Managerial Law

ISSN: 0309-0558

Article publication date: 1 April 1986

Abstract

Phillips, J. has drawn the distinction between wrongful dismissal at common law and unfair dismissal under statute. He points out the considerable difference which exists between the position at common law and the position under statute. “The common law” he says “is concerned merely with the contractual relationship between the parties, whereas a complaint of unfair dismissal…is concerned with the statutory right of an employee not to be unfairly dismissed.” There thus exists a fundamental difference between the two concepts, both of which are in their different circumstances important. In this monograph, it is proposed to treat the common law of wrongful dismissal. Statutory unfair dismissal will be the subject of discussion in a future monograph.

Citation

Carby‐Hall, J.R. (1986), "THE LAW OF WRONGFUL DISMISSAL", Managerial Law, Vol. 28 No. 4, pp. i-13. https://doi.org/10.1108/eb022425

Publisher

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MCB UP Ltd

Copyright © 1986, MCB UP Limited