WRONGFUL DISMISSAL AND LEGAL RESORT

Abstract

Wrongful dismissal is the termination of an employee by an employer without a sensible reason. It means the employer breaches the employment contract. This misconducts has not been reported so often may due to the various factors like implied court charges to test the employee rejection and fear of conduct and so on. Hence these cases were not suited so immensely in the court of law than it actually happened. The study tells about the legal frame work in almost ten different countries across the globe. This will give a clear idea about the legitimate happening in developed, developing and underdeveloped countries. From the comparative analysis, it has been identified that there are mainly three factors to take into consideration in case of wrongful or unfair dismissals i.e, Age, seniority and the economic benefits that an employee avail from an organisation. These factors affect indemnity in lieu of notice, severance in redressals and social charges of an dismissed employee by an employer. Hence one should clear validate his/her employment breach while facing the court of law, otherwise the charges on the employer of an organisation may be rejected by the court, instead the employee may have to face the consequences. The objective of the paper is to suggest the amendments in the Indian employment law based on the comparative study made on six different countries around the world.