A Place for Mediation Inc.

Before you litigate, always mediate.


The leading authority on condonation is the Court of Appeal decision in McInyre v. Hockin (1989), 16 OAR 498 (C.A.) where it was held that: “When an employer becomes aware of misconduct on the part of his servant, sufficient to justify dismissal, he may adopt either two courses. He may dismiss, or he may overlook the fault. But he cannot retain the servant in his employment, and afterwards at any distance of time turn him away... If he retains the servant in his employment for considerable time a!er discovering his fault, that is condonation, and he cannot afterwards dismiss for the fault without anything new”