Hi all,
I have a very simple assignment, which is to distinguish between Discharge and Dismissal. While I have some information on Dismissal, I am struggling to find a clear definition for Discharge. If anyone from a legal background could assist me, I would greatly appreciate it.
Thanks
From United States, Salt Lake City
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I have a very simple assignment, which is to distinguish between Discharge and Dismissal. While I have some information on Dismissal, I am struggling to find a clear definition for Discharge. If anyone from a legal background could assist me, I would greatly appreciate it.
Thanks
From United States, Salt Lake City
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Understanding the Difference Between Discharge and Dismissal
‘Discharge’ and ‘Dismissal’ are two terms that literally have the same meaning, i.e., the act of the employer sending the employee out of their job or unilaterally terminating the contract of employment. However, in the context of industrial jurisprudence, the term ‘dismissal’ carries with it the stigma of proven misconduct as the causative factor for such termination of employment. Dismissal, therefore, can deprive the workman of their terminal benefits and at times will act as a bar on their further employment under the same employer or elsewhere.
On the other hand, discharge refers to the simple termination not involving any act of misconduct attributable to the workman, and therefore no stigma is attached to it affecting their terminal benefits or re-employment.
Types of Discharge
‘Simple termination’ or ‘discharge’ can also be further classified into discharge simpliciter, discharge of the services of a workman as a result of non-renewal of the contract of employment on its expiry, discharge for loss of confidence, discharge on resignation, discharge for abandonment of service, and discharge on the ground of continued ill-health. My reply is intended to bring out the difference between the terms discharge and dismissal in general.
Regards.
From India, Salem
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6108‘Discharge’ and ‘Dismissal’ are two terms that literally have the same meaning, i.e., the act of the employer sending the employee out of their job or unilaterally terminating the contract of employment. However, in the context of industrial jurisprudence, the term ‘dismissal’ carries with it the stigma of proven misconduct as the causative factor for such termination of employment. Dismissal, therefore, can deprive the workman of their terminal benefits and at times will act as a bar on their further employment under the same employer or elsewhere.
On the other hand, discharge refers to the simple termination not involving any act of misconduct attributable to the workman, and therefore no stigma is attached to it affecting their terminal benefits or re-employment.
Types of Discharge
‘Simple termination’ or ‘discharge’ can also be further classified into discharge simpliciter, discharge of the services of a workman as a result of non-renewal of the contract of employment on its expiry, discharge for loss of confidence, discharge on resignation, discharge for abandonment of service, and discharge on the ground of continued ill-health. My reply is intended to bring out the difference between the terms discharge and dismissal in general.
Regards.
From India, Salem
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