CHAPTER_14_-_DISMISSAL_WITH_CAUSE

CHAPTER_14_-_DISMISSAL_WITH_CAUSE - CHAPTER 14 DISMISSAL...

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1 CHAPTER 14 –DISMISSAL CHAPTER 14 –DISMISSAL WITH CAUSE WITH CAUSE CHAPTER FOCUS: Differentiate between a good reason for dismissal and just cause for dismissal under the common law; Examine the contextual approach to determining just cause for dismissal; Review elements of procedural fairness in dismissals for just cause;
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2 Focus cont’d Focus cont’d Examine specific aspects of just cause, including insolence, insubordination, off-duty conduct, incompetence, disobedience, absenteeism, sexual harassment, and intoxication, and Develop an understanding of related concepts such as condonation
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3 Termination of Employment Termination of Employment Employment can be terminated: - Without cause - With cause - By Frustration
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4 Dismissal For Cause Dismissal For Cause Conduct which is “just cause” entitles the Conduct which is “just cause” entitles the employer to dismiss without notice employer to dismiss without notice Breach of an obligation to the employer Breach of an obligation to the employer which is fundamental to the employment which is fundamental to the employment contract contract Cause must be proven by the employer on a Cause must be proven by the employer on a balance of probabilities balance of probabilities
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5 Dismissal for Cause cont’d Dismissal for Cause cont’d Where the employer alleges dishonest or criminal acts to justify the dismissal the employer may be required to meet an even higher standard of proof Wrongful allegations of cause can result in punitive damages
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6 PROPORTIONALITY AND THE PROPORTIONALITY AND THE CONTEXTUAL APPROACH CONTEXTUAL APPROACH Unequal bargaining position Proportionality – any sanction must be proportional to the conduct to which it relates Conduct such as theft, assault, or a significant incident of sexual harassment may warrant summary dismissal even if they occur once. However most other type of conduct must occur more than once to constitute just cause. Requirement of the employer to give warnings
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7 Contextual Approach Contextual Approach Contextual Approach –the nature and seriousness of an alleged offence in the context of the overall employment relationship length of service, performance and disciplinary history, mitigating circumstances such as personal
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This note was uploaded on 07/13/2011 for the course HRMT 001 taught by Professor Elain during the Spring '11 term at Kwantlen Polytechnic University.

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CHAPTER_14_-_DISMISSAL_WITH_CAUSE - CHAPTER 14 DISMISSAL...

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