Can an employer rely on past discipline imposed for which no discipline was imposed to justify a termination?
Canada (Federal), Canada
The following excerpt is from Jassar v. Canada Revenue Agency, 2019 FPSLREB 54 (CanLII):
The grievor further submits that the employer’s failure to act in a timely manner also constituted a form of condonation. An employer cannot rely on past conduct for which no discipline was imposed to justify a termination; see Morrison v. Kispiox Band (Council), [2000] C.L.A.D. No. 708 (QL) at paras. 28 and 34.
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