Reference no: EM133163022
Read the fact situation below.
Brenda worked as a security manager for the ABC Corporation for over 13 years. She also was a volunteer member of the employee social committee, a role which included arranging for EE discount tickets to the Toronto Zoo.
In October 2012 Brenda's employment was terminated, on a "without cause" basis, and she was given a severance package of 53 weeks (as salary continuation).
However when the Director of HR asked Brenda about the money she had collected from Toronto Zoo ticket sales, Brenda failed to mention that roughly $1,000 of the funds were missing.
In fact, Brenda had "borrowed" this money from the Toronto Zoo Fund as a result of an internet scam she had fallen prey to that cost her $12,000 - $15,000.
When the ER discovered there was a significant shortfall in these funds, it contacted the police and halted any severance payments to Brenda, pending the outcome of its investigation.
The police charged Brenda with theft but later the Crown withdrew the charges: while Brenda admitted to taking the funds, she did not admit to theft as she always maintained she intended to repay the money before it was due. In fact, she reimbursed the ER's social committee for the funds in October 2012.
However, the ER's internal investigation concluded that Brenda had stolen the funds: the investigatory report (inaccurately) indicated that Brenda had confessed to the theft and admitted guilt to the court.
Arguing that it had "after-acquired cause", the ER refused to make the previously agreed-to severance payments.
Brenda sued for wrongful dismissal.
QUESTION: Did the ER have "just cause" under the common law to dismiss Brenda?
Based on the legal concepts and principles discussed in Ch. 13 and in this Module's class, set out:
- At least three arguments the ER could make in favour of a finding of "just cause",
- At least three arguments the EE could make against a finding of "just cause", and
- Which side you think has the strongest argument and should therefore win. Support your answer.