Management and Organizational Studies 2275A/B Chapter Notes - Chapter 21: Wrongful Dismissal, The Employer, Condonation

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Acts in such a manner that the employment relationship becomes untenable. Implied term that an employer may terminate the employment without notice if there is just cause . Implied term that an employer may terminate employment by giving the employee reasonable notice. Dismissals for just cause: just cause: the employee has breached a fundamental term of the employment contract, serious misconduct, habitual neglect of duty, incompetence, conduct incompatible with duties, willful disobedience. Habitual neglect of duty: persistent failure to perform employment duties, e. g. chronic absenteeism and lateness. Incompetence: lack of ability, knowledge, or qualification to perform employment obligations, the substandard level of performance must be evident after the employee has been given a warning and an opportunity to improve. Conduct incompatible employer"s business: personal behaviour that is irreconcilable with employment duties or prejudicial to the, not limited to conduct on the job can also apply to conduct outside working hours.

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