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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 13:28, 18 August 2021
, 13:28, 18 August 2021→20. Just Cause Dismissal- General
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Where an employee earns a variable income, courts may average the rate of pay within the relevant notice period for calculating damages; see ''O’Dea v Ricoh Canada Inc.'', 2016 BCSC 235.) | Where an employee earns a variable income, courts may average the rate of pay within the relevant notice period for calculating damages; see ''O’Dea v Ricoh Canada Inc.'', 2016 BCSC 235.) | ||
=== | === 5. Just Cause Dismissal- General === | ||
If an employee is guilty of serious misconduct which goes to the heart of the employment relationship, the employer may dismiss the employee for just cause. If an employer has just cause to dismiss an employee, it is not required to provide any notice or pay in lieu of notice. Just cause it is a question of fact, and must be determined by a judge on a case by case basis. | If an employee is guilty of serious misconduct which goes to the heart of the employment relationship, the employer may dismiss the employee for just cause. If an employer has just cause to dismiss an employee, it is not required to provide any notice or pay in lieu of notice. Just cause it is a question of fact, and must be determined by a judge on a case by case basis. | ||
