BUS 483 Chapter 11: McKinley v BC Tel Summary

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Plaintiff (mckinley) suffered from high blood pressure from hypertension and commenced a health-related leave from work. Mckinley advised his employer his desire to return to work in a position of lesser responsibility. No alternative employment was offered and was ultimately dismissed and offered a severance package in lieu of notice, which he rejected. Prior, he noticed job openings within his company in positions that would work well with his health condition being offered to other colleagues. At the time of his dismissal, mckinley was 48 years old and worked with bc tel for almost 17 years. Issue: whether an employee"s dishonesty, in and of itself, necessarily gives rise to just cause for summary dismissal. M. worked for b. for 17 years and was 48yrs old, when he started to experience high blood pressure. Doctor advised him to take a leave of absence. Afterwards, asked to return to work with less strenuous job.

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