What is the legal test for dismissal of an employee who was not offered a reasonable period of notice?
Saskatchewan, Canada
The following excerpt is from Laird v. Saskatchewan Roughrider Football Club, 1982 CanLII 2616 (SK QB):
Not having offered the plaintiff a reasonable period of notice it is incumbent upon the defendant to establish that it had just cause to discharge the plaintiff forthwith. The onus rests upon the employer to prove upon the balance of probabilities that the dismissal was justified: Warren v. Super Drug Markets, supra. That onus has been met in the instant case. In my judgment, facts sufficient in law have been proved to warrant a dismissal.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is a reasonable excuse can be established in a notice notice application if someone is temporarily incapable of attending to his affairs or giving instructions during the notice period? (Saskatchewan, Canada)
Is there a distinction between a disabled employee whose disability is caused or contributed to chronic alcoholism and other disabled employees? (Saskatchewan, Canada)
What is the legal basis for the dismissal of a master of a private school? (Saskatchewan, Canada)
What is the legal test for dismissal of a servant for verbal abuse by their master? (Saskatchewan, Canada)
What is the test for finding just cause for an employee to be dismissed for gross misconduct? (Saskatchewan, Canada)
What is the test for making an identical offer to a party with the same identical offer? (Saskatchewan, Canada)
Is a licensee of a revocable license entitled to notice of revocation and a reasonable time afterwards to remove his goods? (Saskatchewan, Canada)
In what circumstances will the court take notice of economic disadvantage to a spouse who has been absent from the workforce for a lengthy period? (Saskatchewan, Canada)
Can an offer to sell by deed be withdrawn if it is not accepted within a reasonable time? (Saskatchewan, Canada)
Is a notice of notice necessary in circumstances where a plaintiff is seeking to sue for damages of more than £200,000? (Saskatchewan, Canada)
