In Humphrey v Mene (2021 ONSC 2539), the Employer first alleged just cause but withdrew the allegation before trial. The court found that the Employer had so mistreated the Plaintiff that their behaviour disentitled the Defendant from relying upon the Without Cause Termination Clause.
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In Murphy v Factors Labs (2020 BCPC 163) Burnett J., upheld the termination of a long service factory employee who refused to wear a "Bump Cap”