WRONGFUL DISMISSAL

WRONGFUL DISMISSAL

A wrongful dismissal is an unjustifiable dismissal of a servant by the master from an engagement for services for a fixed time or, if upon notice, before the expiration of the period of notice.

The servant may elect to treat the contract as repudiated or if he treats the contract as continuing, he may sue for damages for loss of service and such wages as he has lost the opportunity of earning, taking into account the probability of finding another employment of the same kind and degree, in which case he can recover wages earned on a quantum meruit but he cannot sue for a quantum meruit as well as on the contract.

The custom that a domestic servant may be dismissed at any time by a month’s notice or payment of a month’s wages has been judicially proved.
GS Gupta – law of Injunctions.