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drunk driving

By Vey Willetts LLP | 4 Minutes Read October 15, 2018

Just cause for dismissal: context is key

discipline

Just cause for dismissalDetermining what conduct amounts to just cause for dismissal is no easy task. In part this is due to just cause being inherently situation specific. When describing what may constitute just cause, employment lawyers often refer to extreme examples: think of situations where a public-facing employee makes repeated racial slurs to a customer or commits major fraud in the course of their duties. Typically, such facts will prove fertile ground for successful assertions of just cause for dismissal by an employer.

Even so, context is always key. As the following examples demonstrate, situations that on the surface may appear to support (or not support) an allegation of just cause for dismissal can often yield surprising results.

Not cause: punching a co-worker in the face (Phanlouvong v. Northfield Metal Products (1994) Ltd. et al)

Phanlouvong was a long service manufacturing employee. One morning before starting his shift, a co-worker … Continue reading “Just cause for dismissal: context is key”

Article by Vey Willetts LLP / Employee Relations, Employment Standards, Health and Safety, Human Rights, Payroll / drunk driving, employment law, just cause for dismissal, privacy, safety at work, termination

By Stringer LLP | 3 Minutes Read June 27, 2018

Off-duty drunk driving not just cause for termination – Even for a firefighter

In Klonteig v West Kelowna (District), the British Columbia Superior Court found that an employer that terminated a firefighter for driving drunk in a fire department vehicle while off duty did not have just cause to terminate his employment.

Article by Stringer LLP / Employee Relations, Employment Standards, Payroll / bad faith damages, BC Superior Court, degree of misconduct, drunk driving, just cause, Longteig v West Kelowna (District), off-duty conduct, principle of proportionality, termination, termination of employment, termination without cause

By Beyond Rewards Inc | 2 Minutes Read November 18, 2016

Office holiday party: Should I host one?

Though it seems like an innocent party to show appreciation to your employees, it is important that employers and management understand that there are severe consequences for not considering the liabilities that go along with these little shindigs. Before you send out that invite to your employees, every employer and manager should take the time to make sure they have a clear understanding of their responsibilities.

Article by Beyond Rewards Inc / Employee Relations, Employment Standards, Health and Safety, Human Rights, Payroll, Union Relations / alcohol consumption at event, driving while intoxicated, drunk driving, employment law, monitor alcohol consumption, office Christmas party, office holiday party, staff Christmas party, staff holiday party, Work-related parties with alcohol, workplace party

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