IRE430H1 Chapter Notes - Chapter 16: Wrongful Dismissal, Social Security Disability Insurance, Damages
28 May 2020
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Ire430 chapter 16: damages in wrongful dismissal lawsuits. The courts ask what loss the employee suffered as a consequence of not receiving notice, and then order the employer to pay damages. General theory of damages and absence of specific performance. When an employer dismissed an employee without giving proper notice (and absent cause for summary dismissal), this action repudiates the contract and the contract comes to an end. Repudiation of contract - breach of contract that demonstrates an intention by the party to treat the contract as at an end and no longer be bound by the contract. The employee can then sue the employer for wrongful dismissal to recover damages incurred as a result of the employer"s failure to provide proper notice. A court order requiring someone to perform his or her obligations under a contract is known as specific performance.
