In the event that the misconduct the employer relied upon to justify a «just cause» dismissal did not in fact
justify an immediate dismissal, an employee can pursue wrongful dismissal damages.
If an employer knows of the misconduct that is sufficient to
justify immediate dismissal at the time, failing to do so will show the employer condoned the behaviour.
Serious acts of sexual harassment will likely
justify the immediate dismissal of the offender for cause.
If the employee does anything inconsistent with the faithful discharge of his duty, it is misconduct, which
justifies immediate dismissal.
Not exact matches
These can constitute good cause
justifying extraordinary notice of
dismissal with
immediate effect, as demonstrated by a ruling of the Bundesarbeitsgericht (BAG), Germany's Federal Labour Court.