LAW 529 Chapter Notes - Chapter 13: Bc Ferries, Wrongful Dismissal, Jodel
5 Jun 2017
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Chapter 13 dismissal with cause (page 380) Employees" failure to be truthful during investigation justifies dismissal. Employer fails to state true reason for discharge. An employer must respond to the employees behavior soon not 2 yrs later. 2 things can justify dismissal without notice: dishonesty (fraud , stealing etc. ) Lister v. bc ferry corp (page 386) she took paints from work for the purpose of recycling she stored them in her shed for 6 months. Was fired for theft; employer sent letter to employees re: her theft. Won for wrongful dismissal, awarder 15 months salary she sued for wrongful dismissal and defamation no damages as employer did not act in bad faith. Dishonestly from which employee does not personally benefit constitutes just cause. How an employer can put himself in the strongest legal position: provide written policies, get the facts, provide a separation package. Employee threats must be viewed in context of employment history.
