MCS 3040 Chapter Notes - Chapter 21: Wrongful Dismissal, Fundamental Breach, Condonation

• School: University of Guelph
• Department: Marketing and Consumer Studies
• Course: MCS 3040
• Professor: Joe Radocchia

Document Summary

Acting in such a manner that the employment relationship becomes untenable. Employee conduct that amounts to a fundamental breach of the employment contract. When one or more of the following situations exists: Co(cid:374)du(cid:272)t i(cid:374)(cid:272)o(cid:373)pati(cid:271)le (cid:449)ith duties or prejudi(cid:272)ial to the e(cid:373)ployer"s (cid:271)usi(cid:374)ess. Willful disobedience in a matter of substance. A minor infraction by an employee is insufficient to justify dismissal. The cumulative effect of many minor instances may be sufficient. The cumulative effect must be such that there is a serious impact on the employment relationship. Intentional, harmful conduct of the employee that permits the employer to dismiss without notice. Progressive discipline policy system that follows a sequence of employee discipline from less to more severe punishment. Condonation employer behaviour that indicates to the employee that misconduct is being overlooked; employer must be fully aware of the wrongful behaviour. Habitual neglect of duty persistent failure to perform employment duties. Incompetence lack of ability, knowledge, or qualification to perform employment obligations.