Can an employer rely on after-acquired knowledge of misconduct to support an allegation that cause for dismissal existed at the time of the dismissal?
Alberta, Canada
The following excerpt is from Nelson v. Champion Feed Services Inc., 2010 ABQB 409 (CanLII):
As a result of my review of these cases, I conclude that Champion can rely on after‑acquired knowledge of misconduct to support an allegation that cause for dismissal existed at the time of the dismissal, whether or not the dismissal was for cause or convenience at the time. Carr v. Fama, suggests that allegations of cause can be made after termination, even where the employer knew of the misconduct at the time of dismissal but chose not to rely on it at the time.
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