Question

Which one of the following legal concepts do courts now apply in determining whether an employer had just cause to terminate an employee?

a. near cause
b. whack-a-moleproportionality
b. ball
e. park damages

Answer 1

Courts use the concept of proportionality to determine if there was just cause for an employee's termination, weighing the misconduct against the punishment. The correct option is b.

Step-by-step explanation:

The legal concept that courts generally apply in determining whether an employer had just cause to terminate an employee is proportionality. This concept ensures that the severity of the employee’s misconduct is weighed against the harshness of the dismissal.

Courts look at various factors such as the nature and seriousness of the misconduct, the employee’s tenure and record with the company, and whether the punishment fits the infraction. Inappropriate conduct, like dishonesty or theft, may warrant a more serious response than minor policy violations.

Additionally, courts may consider whether the employer gave the employee warnings or opportunities to correct their behavior before proceeding to termination.

Hence, Option b is correct.