LAW 529 Chapter 14: Chapter #14-Dismissal with Cause.docx
27 Feb 2012
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Dismissal without notice or pay in lieu of notice is severe, the courts are reluctant to reach this result. The onus of proof is on an employer to show, on a balance of probabilities, that an employee breached an employment contract in a fundamental way. For er s just cause in an all or nothing proposition. Several ways to protect employees at the time of dismissal concept of proportionality: that is the idea that any sanction must be proportional to the conduct to which it relates. There are a few acts of misconduct such as theft, assault, or a significant incident of sexual harassment that may warrant summary dismillal, even if they occur only once b/c they go to the heart of the employment relationship. Another related development is the adoption by courts of a contextual approach in determining just cause.
