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?
reasonable notice of termination
Including a probationary period clause in an employment contract is not a good idea unless your organization is prepared to assess the suitability of the employee during the probationary period. Failure to do so can result in your organization being ordered to provide a probationary employee with common law reasonable notice of termination. This blog discusses one such case.
While we often help employees who did not receive reasonable notice of termination from their employer, it is often forgotten that employees also owe a similar duty to provide notice to the employer before resigning. This common law duty was the subject of the recent case of Consbec Inc. v Walker. In this case, the BC Court of Appeal reaffirmed the existence of the duty owed by employees to the employer.