What kind of dismissal occurs when an employment cannot be continued lawfully?

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A dismissal due to a statutory restriction occurs when an employee cannot be lawfully employed anymore due to legal reasons, such as changes in law or regulations that affect their eligibility. This type of dismissal is necessary to comply with the law, which provides a clear rationale for the termination of employment.

In such cases, the employee does not breach any contract or perform any misconduct; rather, it's the legal framework that prevents them from continuing in their role. This might involve situations like an employee losing their work visa, failing to meet the legal qualifications required for their position, or an employer facing legal restrictions that make it impossible to retain the employee.

Other types of dismissals involve different scenarios. Capability or qualifications typically refer to dismissals based on an employee's inability to perform their job effectively due to lack of skills or poor performance. Employee misconduct involves terminations based on behavioral issues or violations of company policy. Constructive dismissal refers to situations where an employee resigns because of an employer’s behavior that makes it intolerable to continue working, rather than a direct termination. Thus, the context of statutory restrictions highlights the legal nature and compliance aspect of terminating employment, setting it apart from the other options listed.

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