Reply To: LEGAL DATE OF DISMISSAL

[Patrick Deale]

It would be the last day on which the employee “performed work for the employer”. It would make no difference if the reason for stopping the performance of the work was the employer’s instruction or the employee’s decision. At the core of the employment relationship is the employee’s duty to perform the work (or tender to perform it) – and the employer’s recipricol duty to pay for the work performed (wage or salary). It would constitute a breach of the employment contract if either of them failed to perform their respective duty. The effect of the breach would be to terminate the employment contract. The date of the breach would be the date of dismissal.