February 2017 | Employment Law Updates
The case of Ram v. The Michael Lacombe Group Inc. involved the dismissal of a cook from Burger King due to allegations that the dismissed employee had stolen some French fries and a drink. Despite involving a relatively low level employee and a minor degree of misconduct, the case presented the Court with an opportunity to provide commentary on a broad variety of issues including:
- Dealing with allegations of theft and the analysis required to determine if just cause exists;
- Consideration of cumulative misconduct;
- Factors relevant to determination of length of notice in circumstances involving different employers;
- Assessment of mitigation in circumstances where the dismissed employee takes no steps to obtain alternate employment;
- Principles applicable to an award of aggravated damages and quantification of the award; and
- Principles applicable to an award of punitive damages.