February 2017

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:

  1. Dealing with allegations of theft and the analysis required to determine if just cause exists;
  2. Consideration of cumulative misconduct;
  3. Factors relevant to determination of length of notice in circumstances involving different employers;
  4. Assessment of mitigation in circumstances where the dismissed employee takes no steps to obtain alternate employment;
  5. Principles applicable to an award of aggravated damages and quantification of the award; and
  6. Principles applicable to an award of punitive damages.

Read More