ADMS 3420 Chapter Notes - Chapter 14: Wrongful Dismissal, Bc Tel, Condonation
28 Jan 2017
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Chapter 14: summary dismissal- termination for cause without notice. Summary dismissal: termination of an employment contract by an employer without. Introduction notice to the employee in response to a serious breach of contract by the employee. Court of appeal explained summary dismissal in the case r v. arthus, ex p. port arthur. The basic legal principles applied to summary dismissal cases. Principle of proportionality: the test applied by the courts in summary dismissal cases that assesses whether the termination of an employee"s contract without notice is an appropriate response to the employee"s misconduct, considering all of the relevant facts. The two steps mentioned above are now applied by the supreme court of canada to all forms of employee misconduct, and is called the proportionality test: mckinely v. bc. Tel: first, the courts decide whether the evidence establishes that the employee engaged in misconduct of some sort. Some mitigating circumstances or factors to look at while conducting step #2:
