The employer and employee are generally bound to respect their reciprocal obligations during the period of notice. It may happen that one of the parties fail to give notice to the other party where it is due, or that haven accepted the notice, fails to fulfil his obligations. Any termination made under such circumstance where notice is due renders the termination wrongful and the party responsible will be liable to damages. Where the termination is justifiable on the merits, the quantum of damages here will generally be equal to the compensation payable in lieu of notice.
Summary dismissal where notice is due renders the dismissal wrongful and the employer will be prone to all the consequences that flow from a wrongful dismissal as was illustrated in the case of D.N Banyi Etal v The Director UNVDA Ndop 1977.
Worthy of note is the fact that any employer who denies the employee a day off per week to look for an alternative employment in a bid to frustrate the employee from getting any new job will be held liable.
However, there are circumstances under which the period of notice will be waived and it will not lead to wrongful dismissal. This is the case of gross misconduct either on the part of the employer or employee.