Chapter 13: Dismissal with Cause

These flashcards capture the key concepts and terminology related to dismissal with cause in employment law.

Indefinite employment contract

An employment contract presumed to be for an indefinite period, continuing until terminated by either employer or employee.

Employer right to dismiss without cause

Employers can dismiss employees at any time as long as statutory and common law requirements are met.

Termination without cause

Requires reasonable notice or pay in lieu of notice from the employer.

Just cause

A circumstance where an employee's act of misconduct justifies immediate termination of employment.

Fundamental breach of the employment contract

An action so wrong by the employee that it makes continuing the employment relationship impossible.

Onus of proof

The obligation on the employer to prove just cause for dismissal to a balance of probabilities.

Contextual and proportional approach

A method courts use to assess just cause based on the context of the situation and proportionality of the misconduct.

Condonation

When an employer fails to respond to discovered misconduct within a reasonable time, potentially losing the right to terminate for that misconduct.

Relevant factors in assessing just cause

Aspects considered in determining just cause, including length of service, disciplinary record, and mitigating factors.

Grounds that cannot constitute just cause

An employee's assertion of statutory rights, such as pregnancy or parental leave, cannot be grounds for dismissal.

Examples of applicable rights

Rights protected under ESA and OHSA that prevent dismissal for asserting those rights.

Employee misconduct

Behavior by an employee that violates the terms or standards of the employment relationship.

Case-by-case basis

Just cause determinations are made individually, requiring legal research on past similar situations.