Clifford Chance

Just cause to terminate: recent rulings by the Supreme Court and lower courts

15 June 2017

This Briefing Note focuses on conduct in breach of the obligations of loyalty and good faith, in cases involving fraudulent use of sick leave and improper use of social networks

The Courts have deemed that a serious breach of the procedural rules requiring promptness and completeness of the employer's objections to the conduct underlying termination and granting the employee's right to be heard could lead to reinstatement of the employee.

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