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Dismissal for Cause.docx

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University of Regina
Justice Studies
Stefan Idziak

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 considered? Facts  employee had a heart condition  on leave, wanted a new, less stressful positon but MGMT wanted him back in his own role.  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. Analysis  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.  Contextual approach o Whether dishonesty = just cause matter of fact, based on partiuclar circumstances aroudn the employee's behavior o consider  nature and degree of misconduct  whether it violates the "essential conditions" of the employment contract or breaches an employer's faith in an employee.
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