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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100416
Experience:  Lawyer
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Employment law ***** *****
, does a church have just

Customer Question

Customer: employment law ***** *****
JA: Thanks. Can you give me any more details about your issue?
Customer: does a church have just cause to fire a pastor for an affair?
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Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Was the Pastor an employee of the church?

Are you saying that pastor was dismissed, immediately and without any notice or pay in lieu of notice?

Customer: replied 1 year ago.
they had him resign at threat of firing with cause and offered to pay half salary for two months(so basically full salary for a month)
Expert:  Debra replied 1 year ago.

How long did he work there for? Was it publicly known?

Customer: replied 1 year ago.
41/2 years...
Expert:  Debra replied 1 year ago.

Was the affair with someone in the congregation?

Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

It is likely that the court would find that this is a just cause dismissal. For a pastor to have an affair with a member of the congregation could even be considered to be sexual harassment and the church could end up facing a lawsuit. As well, it would could be said that the pastor brings his profession into disrepute by having an affair with a member of the congregation. It is not likely that the pastor would be able to succeed if you sued for wrongful dismissal.

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