An employer needs to obtain the consent of an employee in order to vary the terms of an employment contract. There are limits on damages. There are also limits on equitable remedies, making it virtually impossible for a dismissed employee to get his or her job back. A serious breach allows the other party to repudiate. In a wrongful dismissal context, this can justify an employer in summarily dismissing an employee.
Frustration automatically terminates the contract, without legal liabilities on either side.
Misrepresentation allows rescission. Again, this can avoid dismissal by the employer. Back to top of wrongful dismissal page , Back to labour law page , Back to legal home page , Back to home page Problems of contract as an employment protection device. Notice can be given for any reason by an employer. Similarly non-renewal of a fixed term.