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just cause for dismissal

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 McCarthy Tétrault LLP | 3 Minutes Read January 3, 2018

Employee’s secret recording of meetings with management contributes to finding of just cause for dismissal

A recent decision from the Manitoba Court of Queen’s Bench supports that an employee’s use of his work phone to secretly record meetings with management may support an employer’s decision to terminate for just cause.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Health and Safety / anti-harassment policies, breach of confidentiality, employee complaints, employment law, harassment, harassment in the workplace, just cause for dismissal, privacy, termination, termination for cause

By Rudner Law, Employment / HR Law & Mediation | 5 Minutes Read October 6, 2017

The fork in the road: after-acquired cause for dismissal

In Canada, employers can dismiss employees in one of two ways: with cause or without cause. If an employer dismisses an employee without cause, and then later discovers that they had been stealing from the company for years, can they now allege just cause for dismissal?

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll / after acquired cause, bad faith litigation tactics, contract of employment, dismissal with cause, dismissal without cause, employee’s post-repudiation breach, employment law, just cause defence, just cause for dismissal, principle of repudiation, reasonable notice of termination, repudiation of the employment contract, severance package, termination

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