Question
Kelly v. Linamar Corporation, 2005 CanLII 42487 (ON S.C.) Kelly had worked for Linamar Corp. for 14 years. The company was the largest employer in
Kelly v. Linamar Corporation, 2005 CanLII 42487 (ON S.C.) Kelly had worked for Linamar Corp. for 14 years. The company was the largest employer in the town and had a reputation as a good corporate citizen. Kelly was working as a materials manager supervising 12 other employees when he was arrested after the discovery of child pornography on his personal computer (at home). He had a good employment record; nevertheless, upon learning of the arrest, the company immediately terminated his employment. He sued for wrongful dismissal. Do you think that the actions of the corporation were justified in these circumstances? How could they have handled the termination differently? Would it make a difference to your answer if it turned out that eventually he was acquitted of the charge? How would it affect your answer to learn that the corporation had a good reputation in the community especially because of charity work done to support children?
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