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After applying a three-part test to determine just cause, the referee in the following appeal concluded that the employer dismissed its former employee for just cause. As a result, the former employee was not entitled to pay in lieu of notice and severance pay.
A recent Ontario Superior Court case, Gagnon & Associates Inc. et. al. v Jesso et. al., is a reminder that both employers and employees are required to give reasonable notice of termination at the conclusion of an employment relationship.
In the following matter, the arbitration panel concluded that because the Grievor failed to demonstrate that she had a disability which required accommodation and failed to provide sufficient medical evidence to support her absences, the Grievor’s termination was, therefore, justified and her grievances were dismissed.