Asked by Cylas Kawika on Jun 23, 2024
Verified
In Dowling v. Ontario (Workplace Safety and Insurance Board) , the Court had to determine whether the employee's dishonest conduct constituted just cause for termination. What did the Court find?
A) Summary dismissal was a proportionate response given the acts of misconduct and the context of the employee's position, which required honesty and impartiality.
B) Summary dismissal was unreasonable: only the most egregious acts of dishonesty can ever amount to just cause.
C) Summary dismissal is never justified; reasonable notice is always required for reasons of public policy.
D) Summary dismissal is always appropriate, for even minor acts of dishonesty, regardless of the circumstances.
E) Summary dismissal can be appropriate, but only in circumstances where the employee has demonstrated incompetence.
Just Cause
A valid reason to dismiss an employee without notice.
Dishonest Conduct
Actions that are deceitful, fraudulent, or lack integrity, often intended to gain an unfair advantage.
Summary Dismissal
A legal action resulting in the immediate termination of an employee or ending of a contract without notice, due to a breach or misconduct.
- Comprehend the legal framework surrounding wrongful termination and the remedies available for wrongful dismissal.
Verified Answer
MC
Mallory CoelhoJun 24, 2024
Final Answer :
A
Explanation :
The Court found that summary dismissal was a proportionate response given the acts of misconduct and the context of the employee's position, which required honesty and impartiality.
Learning Objectives
- Comprehend the legal framework surrounding wrongful termination and the remedies available for wrongful dismissal.