Dismissal for Cause
If an employee commits a breach that is severe enough to constitue a repudiation of
the employment contract, the employer has just cuase for dismissal, and is not
required to give notice/pay in lieu of notice
o may also sue for damages from breach
just cause acts as a defence to an action for unjust dismissal
employers may list in contract those things that are grounds for dismissal, but not
that often, since there is a danger courts will read this list as exhastive
stanard for just cause typically very high, even where the contract explicitly states
the employee's misdeed was cause for dismissal
so most of the time, easier for the employer to just pay the person notice rather than
attempt to sue here.
When can en employer be justified in summarily dismissing an employee as a result of
the employee's misconduct?
o is any dishonesty sufficient, or must nature and contet of dishonesty be
employee had a heart condition
on leave, wanted a new, less stressful positon but MGMT wanted him back in his own
Didn't want to, was terminated
Employer argues just cause based on a letter from a Dr. which said that if P used
beta blockers, he could return to work
o Since P didn't tell D about this letter, D alledges dishonesty.
there are two lines of authority
o one suggests that the nature of the dishonesty needs to be considered
o the other that dishonest conduct alone is just cause.
o Whether dishonesty = just cause matter of fact, based on partiuclar
circumstances aroudn the employee's behavior
nature and degree of misconduct
whether it violates the "essential conditions" of the employment
contract or breaches an employer's faith in an employee.