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Case Study: Serena is a three-year employee of Tim Horton's. One day she was observed giving a Timbit to a crying child who came into the shop with a regular customer. Her manager confronted her about the allegation and Serena readily admitted to giving the Timbit away for free. Serena knew that this was against the employer's policy but she had been busy at the time and forgot to pay the 20 cents for the Timbit. Besides, day-old Timbits were regularly given to small children at the store, so she didn't think much of giving this particular Timbit away.At most, Serena expected a reprimand or warning. Imagine her surprise when she was fired! There was public outcry and she got her old job back.
Question: But did the employer have just cause under the common law? Explain your answer by referring to the principles upon which just cause dismissal of non-union employees is based.
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