JS380 Lecture Notes - Beta Blocker

• School: University of Regina
• Department: Justice Studies
• Course: JS380
• Professor: Stefan Idziak

Document Summary

On leave, wanted a new, less stressful positon but mgmt wanted him back in his own role. Employer argues just cause based on a letter from a dr. which said that if p used beta blockers, he could return to work: since p didn"t tell d about this letter, d alledges dishonesty. Analysis there are two lines of authority: one suggests that the nature of the dishonesty needs to be considered the other that dishonest conduct alone is just cause. Contextual approach: whether dishonesty = just cause matter of fact, based on partiuclar circumstances aroudn the employee"s behavior, consider. Takes contextual apprach test is whether the employee"s disohnesty gave rise to a break dwn in the employmnet relationship. Test: whether the evidence established the deceitful conduct on a bop, whether the nature and degree of the dishoensty warranted dismissal. Aim here proportionality: work is highly important to people, they shouldn"t be deprived of employment without notice unless serious misconduct.