LAW 529 Study Guide - Final Guide: Wrongful Dismissal, Fundamental Breach, Bc Tel
7 Nov 2017
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Chapter 14: summary dismissal/dismissal without notice just cause dismissal/dismissal for cause. The basic legal principles applied to summary dismissal cases. Contract can be terminated without notice (= summary dismissal) when employee commits a serious or fundamental breach. Requires a fundamental breach of a term. Judge must decide if cause for summary dismissal exists. Lose benefit of being able to plan for loss of job. Can also tarnish the employee"s reputation in field. Due to harsh ramifications, courts have developed high thresholds for finding summary dismissal. Onus is on the employer to establish that: The seriousness of the misconduct justifies stripping the employee of notice. Is employment relationship irreparable? b. c: requires judge"s consideration of circumstances (context): seriousness of misconduct harm to business interests i. ii, mitigating factors such as past record iv. v. vi. vii. viii. length of service. Provocation personal/physical difficulty premeditated or poor spur of the moment condonation.
