MCS 3040 Chapter Notes - Chapter 21: Wrongful Dismissal, Fundamental Breach, Substance Abuse
Document Summary
Terminating the employment relationship: dismissing or firing an employee, giving the employee notice of termination, acting in such a manner that the employment relationship becomes untenable. Employee conduct that amounts to a fundamental breach of the employment contract. When one or more of the following situations exists: serious misconduct, habitual neglect of duty, conduct incompatible with duties or prejudicial to the employer"s business, willful disobedience in a matter of substance. Intentional, harmful conduct of the employee that permits the employer to dismiss without notice. Progressive discipline policy: system that follows a sequence of employee discipline from less to more severe punishment. Condonation: employer behaviour that indicates to the employee that misconduct is being overlooked; employer must be fully aware of the wrongful behaviour. Habitual neglect of duty: persistent failure to perform employment duties. Incompetence: lack of ability, knowledge, or qualification to perform employment obligations. Conduct incompatible: personal behaviour that is irreconcilable with employment duties or prejudicial to the employer"s business.