LAW 529 Chapter Notes - Chapter 13: Scotiabank, Asthma, Insolence
17 May 2016
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On the er: to show on a balance of probabilities that ee breached contract in a fundamental way: billingsley v. saint john shipbuilding ltd. er alleged illegal drug use at work. Courts reject the notion of near cause- ee misconduct/ incompetence fails to meet just cause, then er is obliged to provide rn or pil under common law. No reduction in notice period for that ee. Any sanction must be proportional to the conduct to which it relates. Most misconduct or performance-related incidents must usually occur more than once to constitute just cause. Courts generally support the use of progressive discipline including verbal/written/final written warnings rather than dismissal because of not following directions. Unless there is an express or implied term in the employment contract allowing this form of discipline, a suspension without pay may constitute constructive dismissal under common law.
