The ‘backstop’ option of no-fault termination
Two recent court cases highlight inconsistencies in the treatment of no-fault dismissals of employees
Employment lawyers have long considered the no-fault termination on notice to be the ‘backstop’ option when dismissing employees. If a disciplinary procedure was flawed, for example, the employer could always rely on the backstop option of terminating the employee’s contract in accordance with their contract on notice.
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