Is an employer who knowingly accepts a certain standard of misconduct condone such cause as grounds for dismissal?
Alberta, Canada
The following excerpt is from Callihoe v. F.A.C.T.S. Oil Tools Ltd., 1994 CanLII 8970 (AB QB):
An employer who knowingly accepts a certain standard of misconduct is said to condone such cause and is thereby prohibited from relying upon such behaviour as grounds for dismissal. However, even if the misconduct is shown to be forgiven, such misbehaviour becomes relevant at a future date should further misconduct be demonstrated. Condonation is always subject to an implied condition of continued good behaviour: McIntyre v. Hockin (1889), 16 O.A.R. 498.
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