Can an employer rely upon misconduct discovered after an employee has been dismissed to justify a summary dismissal?

British Columbia, Canada


The following excerpt is from Pritchard v. The Stuffed Animal House Ltd., 2010 BCSC 213 (CanLII):

It is clear that the law permits an employer to rely upon misconduct that it discovers after an employee has been dismissed to justify a summary dismissal and defend a claim for wrongful dismissal (Blomgren v. Jingle Pot Pub Ltd., 1999 BCCA 9).

Other Questions


If an employer loses trust in an employee as a result of an employer's orders, in the matter of substance being willfully disobeyed and met with insubordination, can an employer dismiss the employee? (British Columbia, Canada)
When determining just cause for dismissal of an employee, is the employee’s misconduct justified? (British Columbia, Canada)
What is an obligation of a dismissed employee to mitigate the losses arising from her dismissal by taking the steps that a reasonable and prudent person would take to find employment? (British Columbia, Canada)
What is the effect of an employer's contact with an employee after the employee has been dismissed? (British Columbia, Canada)
Is an employer induced an employee to enter into a new employment relationship with the employee? (British Columbia, Canada)
Can an employee who declines an offer of re-employment from the same employer, after having been dismissed whether actually or constructively, be found to have failed to mitigate her damages? (British Columbia, Canada)
Does the fact that the employer was unaware of the conduct of the employee at the time of her termination bar her employer from relying on it in her claim for unfair dismissal? (British Columbia, Canada)
What is the test an employer must meet to be justified in dismissing an employee on the grounds of dishonesty? (British Columbia, Canada)
Does a common law husband of an employee who has been dismissed for wrongful dismissal have to sue the employer for damages? (British Columbia, Canada)
Can an employer unilaterally change the terms of an employee's employment? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.