What is the test for wrongfully dismissed employees?
Alberta, Canada
The following excerpt is from Chapell v. Canadian Pacific Railway Company, 2010 ABQB 441 (CanLII):
To prove fraud, there must be demonstrated to have been dishonesty or fraudulent intent. This entails an element of intention. In Alberta, employees have been found to have been wrongfully dismissed where the employer could not prove dishonesty or fraudulent intent: Todd v. 7-Eleven Canada Inc., 2004 ABQB 86, para. 26.
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