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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 21:22, 27 September 2022
, 21:22, 27 September 2022→b) Condonation
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If an employer’s behaviour indicates that they are overlooking conduct which gives cause, that employer cannot later dismiss the employee without new cause arising; see (''McIntyre v Hockin (1889)'', 16 OAR 498 (CA)). This applies only where the employer knows of the conduct. The employer is entitled to reasonable time to decide whether to act, and this reasonable time period commences at the time that the employer learns of the employee’s conduct. | If an employer’s behaviour indicates that they are overlooking conduct which gives cause, that employer cannot later dismiss the employee without new cause arising; see (''McIntyre v Hockin (1889)'', 16 OAR 498 (CA)). This applies only where the employer knows of the conduct. The employer is entitled to reasonable time to decide whether to act, and this reasonable time period commences at the time that the employer learns of the employee’s conduct. | ||
Behaviour by the employer constituting condonation may include actions or omissions such as failing to dismiss the employee within a reasonable time (''Benson v. Lynes United Services Ltd'', [1979] 18 A.R. 328), tolerating an employee’s behaviour without reprimand (''Johnston v General Tire Canada Ltd'', [1985] OJ No 98), giving the employee a raise ('' | Behaviour by the employer constituting condonation may include actions or omissions such as failing to dismiss the employee within a reasonable time (''Benson v. Lynes United Services Ltd'', [1979] 18 A.R. 328), tolerating an employee’s behaviour without reprimand (''Johnston v General Tire Canada Ltd'', [1985] OJ No 98), giving the employee a raise (''Sjerven v. Port Alberni Friendship Center'', [2000] BCJ No 608, https://canlii.ca/t/1fn5d), or giving the employee a promotion (''Miller v Wackenhut of Canada Ltd'', [1989] OJ No 1993). | ||
If an employer learns of an employee’s misconduct after dismissing the employee, the employer may use that misconduct to justify the dismissal for cause. This can be referred to as after-acquired cause. | If an employer learns of an employee’s misconduct after dismissing the employee, the employer may use that misconduct to justify the dismissal for cause. This can be referred to as after-acquired cause. | ||