A dismissal may be fair or unfair depending on the circumstances of the dismissal. Your employer must also follow certain procedures when they dismiss you. The dismissal may also be considered a wrongful dismissal if your employer does not give you the rights you are entitled to under your contract of employment when dismissing you.
If your employer does not give you the correct notice and does not pay you in lieu instead, or does not pay the right amount of pay in lieu of notice, you may be able to claim compensation for the breach of the contract by making a claim for wrongful dismissal.
The obligation for an employer to give notice of termination only arises when the employee has been continuously employed for one month or more. If the employee has been employed for at least one month and the employer wishes the employee to stop working, it has to give notice to the employee of between one week and 12 weeks, depending on the employee's length of service.
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