Principle

LABOUR LAW — Summary Dismissal — Criminal Prosecution — Whether a Condition Precedent

Area of law
LABOUR LAW
Court
Supreme Court

An employer may summarily dismiss an employee for gross misconduct without first prosecuting them criminally. Criminal prosecution is not a condition precedent to dismissal. The employer has a choice: prosecute, dismiss, or both. The principle reflects that employment disciplinary proceedings are separate from criminal proceedings.…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in