LAW 529 Study Guide - Final Guide: Condonation, Tim Hortons, Bc Tel

• School: Ryerson University
• Department: Law and Business
• Course: LAW 529
• Professor: Omar Ha- Redeye

Document Summary

Look at proportion and context, for if this dismissal was in just cause (look at discussion board by chanele - good answer) Extra point - by her going to media, this would affect her case. Issue : was nicole"s theft of a timbit grounds for summary dismissal under the. Application - the proportionality test based on mckinley v. bc tel. There are 2 parts to the proportionality test. Nicole admitted that she had given away a free timbit to the small child, knowing it was against tim horton"s policy. This would fall under the principle of dishonesty and conflict of interest, which was highlighted during the. Nicole"s role as a cashier placed her in a special position of trust. Furthermore, nicole"s giving away of tim horton"s merchandise was intentional, as she knew such behaviour was against her employer"s policy.