LAW 529 Chapter Notes - Chapter 14: Absenteeism, Condonation, Summary Judgment
8 Dec 2017
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Chapter 14- summary dismissal: termination for cause without notice: summary dismissal- termination of an employment contract by an employer without notice to the employee in response to a serious breach of contract by the employee. If the employer fails to establish either one of these things, it will be treated as a wrongful dismissal and order the employer to pay damages. The proportionality test: mckinley v. bc tel: first, the courts decide whether the evidence establishes that the employee engaged in misconduct of some sort. Evidence of employee misconduct learned post-termination: employers can rely on new facts learned after the decision to dismiss the employee, exp. An employee was originally terminated without notice because of poor performance, which is not enough reason for a summary dismissal. However, the employer found out that the employer was stealing weeks before dismissal. The employer was then allowed to change their reasoning of firing the employee, which is just cause for summary dismissal.
