The HR Space: When Does Post-Termination Conduct Amount To Cause?

Can an employer justify an employee's dismissal for acts committed after he or she has been fired?  The answer is: sometimes. In Gillespie v. 1200333 Alberta Ltd.  (PDF), an Alberta court overturned a lower court ruling that permitted an employer to retroactively justify an employee's termination on the basis that the employee removed confidential documents from the office upon her termination. The question on appeal was whether the employee's post-termination conduct was sufficient to limit the employer's obligation to provide reasonable notice or pay in lieu of such notice. 

The Dismissal

Bonita Gillespie was an Occupational Therapist with 1200333 Alberta Ltd. ("PCN") for about a year when she was reprimanded and ultimately fired for a series of verbal altercations with co-workers. She was provided with two weeks pay in lieu of reasonable notice and instructed to clear her desk and vacate the office immediately. In packing her personal items, Ms. Gillespie took