Can an employer who has not asserted just cause at the time of firing an employee from alleging subsequently discovered just cause?
British Columbia, Canada
The following excerpt is from Demuynck v. Agentis Information Services Inc., 2003 BCSC 96 (CanLII):
In my view, this is no more incongruous than permitting an employer who has not asserted “just cause” at the time of firing an employee from alleging subsequently discovered evidence of just cause, which as pointed out by Wallace J.A. in Carr, supra, at paragraphs 131-133 has been settled law at least since McIntyre v. Hockin (1889), 16 O.A.R. 498 at 501.
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