MCS 3040 Chapter Notes - Chapter 21: Punitive Damages, Severance Package, Wrongful Dismissal

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Implied term of an employment contract that an employer may terminate the employment relaionship without any noice if there is just cause : certain employees are given special rights in the case of dismissal. Also an implied term that an employer may terminate the employment contract by giving the employee reasonable noice of the terminaion. Just cause employee conduct that amounts to a fundamental breach of the employment contract. A minor infracion is insuicient to jusify dismissal, although cumulaive efect of many minor instances may be: must have serious efect on the employment relaionship, cumulaive efect of incidents may be considered serious misconduct. Serious misconduct intenional, harmful conduct of the employee that permits the employer to dismiss without noice. On the basis of an accumulaion of minor incidents, employer must warn the employee and give them an opportunity to improve performance.

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