Long Term Employee Fired Over $500 – Wrongful Dismissal

Wrongful dismissal questions – when can you fire someone for just cause and avoid paying severance or termination pay?  What are the factors or reasons allowing for immediate termination without notice?

Can a 41 year old manager earning $142,000 per year plus stock options, who has been with your company for 9 years and who has 9 staff reporting to him, who is responsible for a $19 million/year marketing budget to promote a drug (with annual sales of $300 million) – can this manager be fired for falsely claiming $500 in golf and meal expenses?

In the recent case of Leitner v. Wyeth Canada (2010 Ontario Superior Court) the answer was ‘no’.

Mr. Justice Pitt provides a useful review of the applicable caselaw and principles in this decision and held that 10 months of notice was appropriate in the circumstances.