Is an employer's offer of settlement in lieu of notice a waiver of the employer's right to dismiss an employee for cause?
Alberta, Canada
The following excerpt is from Knipscheer v. Sarcee Developments Ltd., 1985 CanLII 1331 (AB QB):
In Hiebert v. United Anso Oil and Gas Limited (1984), 28 A.C.W.S.(2d) 315, it was held that an offer of settlement in lieu of notice by the employer is, in effect, a waiver of the employer's right to dismiss an employee for cause. In this case the offers of settlement that were made by the defendant company constitute a waiver by it of its right to dismiss the plaintiff for cause.
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