Dismiss

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 expiration of the period of notice. The servant may elect to treat the contract as repudiated, General Bill Posting Co. v. Atkinson, 1909 AC 118; and see Measures, Ltd. v. Measures, (1910) 2 Ch 248, in which case he can recover wages actually earned on a quantum meruit [see Cutter v. Powell, (1795) 6 Term Rep 320, and Notes, Sm. L.C.], 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 [see Brace v. Calder, (1895) 2 QB 253], 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, ...

Dismissal or removal or reduction in rank

Dismissal or removal or reduction in rank, Any and every termination of service is not a dismissal, removal or reduction in rank. A termination of service brought about by the exercise of a contractual right is not per se dismissal or removal. If the termination of service is founded on the right flowing from contract or the service rules then, prima facie, the termination is not a punishment and carries with it no evil consequences and so Art. 311 is not attracted. A reduction in rank likewise may be by way of punishment or it may be an innocuous thing, Parshotam lal Dhingra v. Union of India, AIR 1958 SC 36: (1958) SCR 828...

Dismission

The act dismissing or sending away permission to leave leave to depart dismissal as the dismission of the grand jury...

dismiss 1 : to remove from position or service [ed the employee] 2 : to bring about or order the dismissal of (an action) [the suit was ed] vi : to bring about or order a dismissal [the plaintiff moved to ] ...

voluntary dismissal

voluntary dismissal see dismissal ...

involuntary dismissal

involuntary dismissal see dismissal ...

dismissible

subject to dismissal...

Dismissive

Giving dismission...

Dismissal

Dismission discharge...

Dismissal of action

Dismissal of action. This may take place upon default in delivery of statement of claim, failure to give notice of trial, failure within 14 days to take out a summons for directions, etc, (English) R.S.C. 1883, Ord. XXVII., r. 1; XXXVI., r. 12; XXX., r. 8....

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