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after acquired cause

By Rudner Law, Employment / HR Law & Mediation | 5 Minutes Read October 6, 2017

The fork in the road: after-acquired cause for dismissal

In Canada, employers can dismiss employees in one of two ways: with cause or without cause. If an employer dismisses an employee without cause, and then later discovers that they had been stealing from the company for years, can they now allege just cause for dismissal?

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll / after acquired cause, bad faith litigation tactics, contract of employment, dismissal with cause, dismissal without cause, employee’s post-repudiation breach, employment law, just cause defence, just cause for dismissal, principle of repudiation, reasonable notice of termination, repudiation of the employment contract, severance package, termination

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | < 1 Minutes Read June 12, 2014

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with retiring allowance and vesting of pension benefits; after-acquired cause to justify termination; and workplace drug test.

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards, Health and Safety, Human Rights, Payroll / after acquired cause, employer's pension plan, employment law, HRinfodesk, Income Tax Act, just cause for dismissal, just cause to terminate, Newsletter, retiring allowance, RRSP, soliciting illegal drugs, termination, terminations, vesting of pension benefits, workplace drug test

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read March 7, 2014

Employers may be able to rely upon after-acquired cause

Although I have been known to reassure employers that "just cause is not a lost cause", it is fair to say that the threshold for establishing that summary dismissal is warranted is a difficult one to meet in most circumstances. One question that often arises is what an employer is to do when they only learned of reasons for dismissal after the dismissal has already taken place. This can occur in situations where an employee was dismissed on a without cause basis, or in situations where the termination was for cause. Either way, the issue is what an employer can do with subsequently obtained information, which is typically referred to as "after-acquired cause".

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll / after acquired cause, employment law, evidence of misconduct, just cause, just cause for dismissal, post-termination conduct, reasons for dismissal, summary dismissal, termination, termination without cause, terminations, wrongful dismissal

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