Home>Employee Condonation

Employee Condonation Defence Lawyers in Red Deer, AB

employee condonation defence lawyers in Alberta

Even if the employer can prove the employee’s misconduct and that a just cause dismissal would have been a proportionate response, this does not leave the employee without a defence.

What is employee condonation?

Specifically, if the employee can prove that their employer “condoned” or “accepted” the employee’s behaviour, then the employer’s just cause allegation will fail. One Court explained this principle as follows:

When an employer becomes aware of misconduct on the part of… [an employee], sufficient to justify… [a just cause] dismissal, he may adopt either of two courses. He may dismiss, or he may overlook the fault…If he retains the… [employee] in his employment for a considerable time after discovering his fault, that is condonation, and he cannot afterwards dismiss for that fault without anything new.1

While the most obvious form of condonation is allowing an employee to remain on the job for a considerable time after the employer discovers that employee’s alleged misconduct, it can also arise in other ways, such as where the employer fails to discipline other employees who have engaged in similar conduct. For example, where employee A and B engage in misconduct of a similar nature, and the employer terminates employee A for just cause but allows employee B to remain employed, it is doubtful that the employer’s just cause allegation against employee A will be successful.2

Next: Termination & Severance Pay Rights in Alberta & What You Need to Know

1 McIntyre v Hockin (1889), 16 OAR 498 (ONCA).
2 See for example: Varsity Plymouth Chrysler (1994) Ltd. v. Pomerlau, 2002 ABQB 512.

Disclaimer: please be advised that the above information is not a substitute for legal advice, and therefore it is important that you arrange for a consultation with an employment lawyer, to determine how the law applies to your unique circumstances.

Book A Consultation

At Taylor Janis LLP, we have the skills, knowledge, and expertise to handle all of your employment & labour law needs.

To arrange a one-on-one consultation and document review with one of our employment & labour lawyers, please contact us online or call us today at 587-333-4399 or toll-free at 1-844-521-1715.

In This Section

    Client Testimonials

    Quote

    Very Knowledgeable

    I met with Wilson to discuss a complex work matter. I found him to be very knowledgeable and straight-forward with his advice. He took the time to answer all my questions and I left the consult with all the information I needed to make an informed decision.”

    — J. M.

    Quote

    Completely Satisfied

    Taylor Janis LLP was extremely professional to work with. Their lawyers were able to quickly resolve my claim to my satisfaction. I am completely satisfied with my outcome, and how quick it was resolved. Please do not hesitate to contact them with any questions regarding wrongful dismissals.”

    — D. R.

    Rated “Top 3”
    Employment Lawyers in
    Western Canada

    Taylor Janis LLP focuses exclusively on labour, employment, and related litigation law matters, to serve its diverse group of clients throughout Alberta and B.C. We always strive to represent our clients in the most thorough and cost-efficient manner possible.