LAW 529 Chapter Notes - Chapter 13: Linamar, Absenteeism, Wrongful Dismissal
25 Apr 2016
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No advance notice or package is required ( summary dismissal / employee summarily dismissed ). Misconduct or incompetence so extreme that it amounts to repudiation of the employment contract . Er is no longer bound by common law obligations of reasonable notice. Any sanction must be proportional to the conduct to which it relates. Most misconduct or performance-related incidents must usually occur more than once to constitute just cause. Courts generally support the use of progressive discipline including verbal/written/final written warnings. Unless there is an express or implied term in the employment contract allowing this form of discipline, a suspension without pay may constitute constructive dismissal under common law. Ee should be honest: a court may uphold a dismissal for just cause based not upon the alleged misconduct itself but on the fact that ee lied or tried to conceal material information during investigation (obeng case).
