Gillespie vs. 1200333 Alberta Ltd.

Can an employer argue cause when discovered after dismissal?

April 25, 2012 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources

An employer decides to dismiss an employee without notice and without legal cause. Subsequent to the dismissal, in reviewing the employee’s work, the employer discovers a number of errors which, if known at the time, would have been sufficient to support a dismissal for cause. Can the employer successfully argue cause in defence of a wrongful dismissal claim? This is a question I have been asked many times by employers, as a review of a dismissed employee’s work after dismissal often reveals significant errors or, in some cases, outright dishonesty.

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