COMMERCE 2BC3 Lecture Notes - Lecture 24: Constructive Dismissal, Wrongful Dismissal
1 May 2016
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Employee dismissal: employer may terminate nonunion employee at any time if. In absence of just cause, here must be reasonable notice or compensation in lieu of notice. Just cause: involves dismissal that is warranted by employee behavior. Behvaiour that mau undermine the operation or reputation of the company. Burden is on the employer to show that just cause exists. What constitutes jc: serious misconduct theft, assault, etc, willful disobedience of reasonable order (insubordination, conflict of interest: activities that compromise or compete with employer"s interests. Nepotism is a form of this as well. More about how the conflict of interest situation is handled, less about if you are in the situation or not. Sometimes employers will fire people for other reasons but feel its easier to say. Bad work performance but courts are being sensitive to this issue now. Evidence of documented failure to meet standards. Show that employee was given time, training, etc.
