Contrary to popular belief, employees can be summarily dismissed where the circumstances warrant such a result. This is true even for off-duty conduct, such as postings made online.
However, our courts have made it quite clear that when considering dismissal, an employer must consider not only the incident or misconduct in question, but all relevant factors. In some cases, two employees that are guilty of the same offence will receive different levels of punishment. Simply put, the punishment must fit the crime, bearing in mind all relevant factors, including the employee’s past record.
MacDonald & Associates has the expertise to properly advise employees that have been dismissed for cause, assess their potential claim, and work with them to pursue their rights.