HRM 3420 Lecture Notes - Lecture 6: Summary Judgment, Wrongful Dismissal, Constructive Dismissal

• School: York University
• Department: Human Resources Management
• Course: HRM 3420
• Professor: David Doorey

Document Summary

In an indefinite term contract (beginning and no end) the employer can terminate at any time for any reason simply by giving reasonable notice. Summary dismissal: also known as the capital punishment. No matter how long they"ve been there can be terminated if commit a fundamental breach. Its not easy for employer to commit this as judges protect employees right to notice. Must have committed something with high threshold. 2 step test (1)employer must demonstrate to court that employee breached the contract. **(mckinely v. bc tel) ** - set out standard for all summary dismissal case by. Is the violation of that term so serious that it destroys the ability for the employer to work with the employee again. Often employees sue for wrongful dismissal (no reasonable notice) Employer: we don"t need to give you notice because we have cause. So judge goes through the two step process.