Employment Law Issues (9:V): Difference between revisions
From Clicklaw Wikibooks
Employment Law Issues (9:V) (view source)
Revision as of 21:20, 27 September 2022
, 27 September 2022→a) No Warning
| Line 797: | Line 797: | ||
==== a) No Warning ==== | ==== a) No Warning ==== | ||
It can be argued that an employer must warn an employee or issue escalating discipline before firing that employee for a series of trivial incidents that are not serious enough alone to justify dismissal (''Fonceca v McDonnell Douglas'' (l983), | It can be argued that an employer must warn an employee or issue escalating discipline before firing that employee for a series of trivial incidents that are not serious enough alone to justify dismissal (''Fonceca v McDonnell Douglas'' (l983), 1 CCEL 51 (Ont HC)). However, if an employee is in a fiduciary relationship with their employer, a warning or escalating discipline may not be necessary if several incidents occur around the same time and cause a breakdown of trust; see Goruk v Greater Barrie Chamber of Commerce, 2021 ONSC 5005, https://canlii.ca/t/jh22k. | ||
==== b) Condonation ==== | ==== b) Condonation ==== | ||
