What is the legal test for dismissal of a senior manager who acts in a way that reveals aspects of character that make continued employment untenable?

Alberta, Canada


The following excerpt is from On-Site Solutions Inc. v. Knapik, 2011 ABPC 129 (CanLII):

In other words, senior managerial employees may be summarily dismissed if they act in a way that reveals aspects of character that make continued employment untenable because the employer can no longer trust the employee. The general principles related to revelation of character are as follows: a. The more senior the employee the more likely it is that the employer will be able to justify dismissal based on the employee’s untrustworthy character; b. The character of the emolument is relevant to determining whether the revealed character flaws relate to the employee’s duties, and make continued employment intolerable; and c. Dishonest conduct is, arguably, a character flaw that will almost always justify dismissal. “...honesty is still important; and perhaps the more serious and responsible the position held, the more that honesty mut be not only inherent but patent.” Jewitt v. Prism Resources Ltd., (1980), 1980 CanLII 282 (BC SC), 110 D.L.R. (3d) 713 at (B.C.S.C.), aff’d at 127 D.I.R. (3d) 190 ((B.C.C.A.))

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