Law 2101 Lecture Notes - Lecture 18: Condonation, Bc Tel, Wrongful Dismissal
18 Apr 2018
School
Department
Course
Professor
Document Summary
3 cases in the material, one on each of the following bullet points: common law implied term, doctrine of just cause, damages for bad faith dismissal . Common law action going to court suing. A claim of breach of employment contract. Dismissal is implemented without sufficient notice in the absence of just cause. Implied term in the contract (rebuttable term): At common law, a contract of employment of indefinite duration is presumed to be terminable by either party only upon reasonable notice, in the absence of just cause. Aggravated damages acting in bad faith. Mr. mckinley worked for bc tel for 17 years, senior employee, many promotions. In the years leading up to his dismissal, he developed health issues from high blood pressure. Finally, they gave him a severance package which was rejected, and they dismissed him outright. Mckinley sued for wrongful dismissal because he wasn"t given notice. Employer was first going to argue with frustration of contract.
