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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→21. Defences to Just Cause Arguments
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Deleting or altering company information in the course of departure from employment may in some circumstances be grounds for a just cause dismissal. However, as with all just cause cases a McKinley contextual analysis should be applied. In the case of ''Kerr v. Arpac Storage Systems Corporation'', 2018 BCSC 704, the court found the employee’s deletion of company information around the end of employment was not enough to constitute a just cause dismissal, partially due to the employee’s mental state and because the employee apologized. | Deleting or altering company information in the course of departure from employment may in some circumstances be grounds for a just cause dismissal. However, as with all just cause cases a McKinley contextual analysis should be applied. In the case of ''Kerr v. Arpac Storage Systems Corporation'', 2018 BCSC 704, the court found the employee’s deletion of company information around the end of employment was not enough to constitute a just cause dismissal, partially due to the employee’s mental state and because the employee apologized. | ||
=== | === 6. Defences to Just Cause Arguments === | ||
If an employer alleges just cause for dismissal, the employee might have one of the following defenses to the just cause allegations. | If an employer alleges just cause for dismissal, the employee might have one of the following defenses to the just cause allegations. | ||
