What are the grounds for dismissal on the basis of condonation?

British Columbia, Canada


The following excerpt is from Jalan v. Inst. of Indigenous Government et al., 2005 BCSC 590 (CanLII):

The grounds for dismissal upon which the defendant relies concern events which occurred during the period of working notice. The position of the plaintiff is that even if just cause was established on these facts, the defendant's failure to take action during this period amounts to condonation. In McIntyre v. Hockin (1889), 16 O.A.R. 498 the principle of condonation was explained at para. 13: When an employer becomes aware of misconduct on the part of his servant, sufficient to justify dismissal, he may adopt either of two courses. He may dismiss, or he may overlook the fault. But he cannot retain the servant in his employment, and afterwards at any distance of time turn him away. ... If he retains the servant in his employment for any considerable time after discovering his fault, that is condonation, and he cannot afterwards dismiss for that fault without anything new.

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