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Difference between revisions of "Employment Law Issues (9:V)"
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Employment Law Issues (9:V) (view source)
Revision as of 17:38, 12 August 2019
, 17:38, 12 August 2019no edit summary
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=== 6. Defences to Just Cause Arguments === | === 6. Defences to Just Cause Arguments === | ||
If an employer alleges just cause | If an employer alleges just cause for dismissal, the employee might have one of the following defenses to the just cause allegations. | ||
==== a) No Warning ==== | ==== a) No Warning ==== | ||
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However, if the employer already knew of the employee’s misconduct, but terminated the employee without alleging cause or gave the employee a letter of reference, in some cases the employer has been held to be estopped from alleging cause or has been taken to have condoned the employee’s misconduct. However, there is conflicting case law on this subject and many cases have held that the employer may still allege cause. See Smith v Pacific Coast Terminals, 2016 BCSC 1876; Technicon Industries Ltd v Woon, 2016 BCSC 1543. | However, if the employer already knew of the employee’s misconduct, but terminated the employee without alleging cause or gave the employee a letter of reference, in some cases the employer has been held to be estopped from alleging cause or has been taken to have condoned the employee’s misconduct. However, there is conflicting case law on this subject and many cases have held that the employer may still allege cause. See Smith v Pacific Coast Terminals, 2016 BCSC 1876; Technicon Industries Ltd v Woon, 2016 BCSC 1543. | ||
Improper Just Cause Allegations as a Litigation Tactic | |||
Some employers assert just cause (or file counterclaims) as a litigation tactic to deter an employee from advancing a valid wrongful dismissal claim. In these scenarios employees may use that employer tactic as both a defence, and as grounds for additional damages claims against the employer. See Ruston v. Keddco Mfg. (2011) Ltd., 2018 ONSC 2919 , where the court awarded moral damages, extensive costs, and $100,000 in punitive damages for improper cause allegations. | |||
=== 7. Redundancy and Layoff === | === 7. Redundancy and Layoff === | ||
