chapter-13 Dismissal With Cause

Nicole, a 27-year-old mother of four, had worked at the counter of a Tim Hortons doughnut shop for three years. One day she was seen giving a Timbit to a crying child who came into the shop with a regular customer. When the manager of the store confronted her about it, Nicole readily admitted giving the Timbit away without paying for it. She was aware that this was against the employer's policy but she had been busy at the time and did not go to her purse to get the 16 cents at the time. Also, knowing that day-old Timbits were given away to small children in the store regularly, she expected to get a reprimand at most. However, the manager fired her on the spot. Nicole was so upset that she called her local newspaper when she got home and her firing became headline news. (A day later the owner of the franchise called and offered l\\licole a job at another of his franchises.) Given the media attention the story garnered, it is clear that in the \"court of public opinion\" the employer did not have just cause to dismiss Nicole. However, did the employer have just cause under the common law? Explain your answer by referring to the principles upon which just cause dismissal of non-union employees is based