LAW 529 Study Guide - Final Guide: The Globe And Mail, Elliot Lake, Bc Tel
12 Dec 2016
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The employees were wrongfully dimissed and were entitled to pay in lieu of notice. The resignation was not an unequivocal notice of resignation. The court found that the company did not have just cause. For long service employees one isolated incident will not consitute just cause. The time period for the employee to perform satisfactory has not lapsed. Collective agreement permitted dismissal for intoxication/ impairment while on duty. The judge found that ditchburn had been wrongfully dismissed as it was one isolated incident and he was a long service employee. They also awarded punitive damages for the mental distress caused. Claim was not private as the employers were able to find the post. The court found that the although his privacy rights were diminished with the school laptop, they were not eliminated. The intrusion of his personal content on the laptop was a breach of s. 8 of the charter.
