Can an employee be dismissed for refusing to carry out his duties as a result of an ultimatum from his employer?
Alberta, Canada
The following excerpt is from Stewart v. Fish International Canada Ltd., 1986 CanLII 1826 (AB QB):
The issue is whether or not the plaintiff by his conduct repudiated his contract of employment. In Gould v. Hermes Electronics Ltd. (1979), 34 N.S.R.(2d) 321; 59 A.P.R. 321, it was held that the refusal of the employee to carry out his duties was not a single act of disobedience but an ultimatum that he would not carry out his duties unless the employer granted a salary increase demanded by him. His refusal to carry out his duties in these circumstances was justification for his dismissal.
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