LAW 529 Lecture Notes - Lecture 10: Absenteeism, Condonation, Job Performance
16 Sep 2016
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Document Summary
Under the common law, an employee may be dismissed without advance notice or pay in lieu if the dismissal is for just cause. All other termination requires a reasonable notice or pay in lieu unless stated otherwise in the employment contract (alternative notice requirement) This case is only made once an employee has brought an action of wrongful dismissal. Overview of just cause requirements: onus of proof: is on the employer to show, on a balance of probabilities, that an employee breached an employment contract in a fundamental way. Proportionality: the idea that any sanction must be proportional to the conduct to which it relates. High level of misconduct such as: theft, assault, breach of trust where high level of trust is required, or a significant incident of sexual harassment can warrant dismissal for cause even if they occur just once.
