What is the test for determining whether a wrongful dismissal is proportionate to the nature and seriousness of the misconduct in the context of the employment relationship?
Ontario, Canada
The following excerpt is from Majewski v. Complex Services Inc., 2013 ONSC 690 (CanLII):
In wrongful dismissal actions, a court is required to analyze whether dismissal is proportionate to the nature and seriousness of the misconduct in the context of the employment relationship: McKinley v. BC Tel., [2001] SCR 161. The judge did not articulate this test. The appellant says that the judge failed to conduct any analysis along the required lines. The judge is not obliged to refer to the test explicitly, but looking at his reasons as a whole, with particular attention to the evidence that he considered important and his analysis of it, I conclude that he did not apply the correct test.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an employer unfairly change the nature of the relationship by dismissing or constructively dismissing an employee? (Ontario, Canada)
What is the test for determining whether a child who unilaterally ends a relationship with one parent unilaterally terminates their relationship with the other parent without any apparent reason? (Ontario, Canada)
What is the test for determining whether a party is subject to fiduciary obligations in the context of a relationship? (Ontario, Canada)
What is the test for determining whether an employer has to explain to a plaintiff’s employer why they are required to do so? (Ontario, Canada)
What is the nature of the relationship between the parties in determining whether a fiduciary duty exists? (Ontario, Canada)
What is the duty of an employer to seek alternate employment for employees who have lost their employment due to the loss of their employment? (Ontario, Canada)
In determining whether an employer has led sufficient evidence to give rise to a practical evidentiary burden, what is the test for this type of evidence? (Ontario, Canada)
How should a court consider misconduct in the context of determining a plaintiff's costs? (Ontario, Canada)
Is an applicant entitled to compensation for loss of employment due to the employer’s failure to mitigate her loss by making reasonable efforts to obtain suitable employment? (Ontario, Canada)
When an employer unilaterally changes the essential terms of an employee’s contract of employment and the employee does not agree to the changes, is the employee constructively dismissed? (Ontario, Canada)
