Podcast
Questions and Answers
Under common law in Canada, an employee may be dismissed summarily only for what reason?
Under common law in Canada, an employee may be dismissed summarily only for what reason?
- Downsizing
- Just cause (correct)
- Poor performance
- Restructuring
What does a dismissal without just cause and without notice or pay in lieu expose the employer to?
What does a dismissal without just cause and without notice or pay in lieu expose the employer to?
- Criminal charges
- A fine
- An investigation by a government agency
- A lawsuit for wrongful dismissal (correct)
What is the onus of proof on an employer to show regarding a breach of an employment contract?
What is the onus of proof on an employer to show regarding a breach of an employment contract?
- With substantial evidence
- On a balance of probabilities (correct)
- With absolute certainty
- Beyond a reasonable doubt
What does proportionality refer to in the context of employee dismissal?
What does proportionality refer to in the context of employee dismissal?
Which type of misconduct may warrant summary dismissal, even if it occurs only once?
Which type of misconduct may warrant summary dismissal, even if it occurs only once?
What does procedural fairness generally entail before an employer makes a decision to terminate an employee?
What does procedural fairness generally entail before an employer makes a decision to terminate an employee?
What duty do employers have when considering the termination of an employee's contract?
What duty do employers have when considering the termination of an employee's contract?
According to the Supreme Court of Canada, what should courts now consider when assessing an employee's alleged offense?
According to the Supreme Court of Canada, what should courts now consider when assessing an employee's alleged offense?
What did the court determine was defamatory in the Litster v British Columbia Ferry Corp case?
What did the court determine was defamatory in the Litster v British Columbia Ferry Corp case?
What is the term for an employer implying acceptance of an employee's misconduct by not responding to it?
What is the term for an employer implying acceptance of an employee's misconduct by not responding to it?
Which of the following describes 'without prejudice' in the context of an employer providing money to a dismissed employee?
Which of the following describes 'without prejudice' in the context of an employer providing money to a dismissed employee?
What is one of the most serious acts of misconduct in the workplace that can undermine the crucial element of trust?
What is one of the most serious acts of misconduct in the workplace that can undermine the crucial element of trust?
What three strategies can an employer use when dealing with instances of employee dishonesty to put itself in the strongest legal position possible?
What three strategies can an employer use when dealing with instances of employee dishonesty to put itself in the strongest legal position possible?
What type of violation will often lead to circumstances to justify a termination with cause?
What type of violation will often lead to circumstances to justify a termination with cause?
To what is any sanction related to conduct considered to be?
To what is any sanction related to conduct considered to be?
If one party gives another certain process rights, what is that called?
If one party gives another certain process rights, what is that called?
What constitutes ground rules of the use of personal blogs or social media posts?
What constitutes ground rules of the use of personal blogs or social media posts?
When might engaging in activities that create a conflict of interest with the employer's interests justify dismissal for cause?
When might engaging in activities that create a conflict of interest with the employer's interests justify dismissal for cause?
According to what is stated in Destiny's code of conduct, what kind of aspects did it include?
According to what is stated in Destiny's code of conduct, what kind of aspects did it include?
What occurs when an employee is absent from work without a good reason, and generally as a result of circumstances within their control?
What occurs when an employee is absent from work without a good reason, and generally as a result of circumstances within their control?
When should an employer have clear awareness as to the full nature and extent of a misconduct/issue?
When should an employer have clear awareness as to the full nature and extent of a misconduct/issue?
If someone is always honest with the employer but needs to be excused, what is that employee demonstrating?
If someone is always honest with the employer but needs to be excused, what is that employee demonstrating?
What does the first part of the test require the employer to establish?
What does the first part of the test require the employer to establish?
Many types of which harassment is important to warrant progressive discipline?
Many types of which harassment is important to warrant progressive discipline?
While the test involves considering certain rights, as well as violation of company policy, what else involves grounds for dismissing an employee?
While the test involves considering certain rights, as well as violation of company policy, what else involves grounds for dismissing an employee?
Besides the above, what also is viewed as disability, and that is prohibited ground of discrimination?
Besides the above, what also is viewed as disability, and that is prohibited ground of discrimination?
Although its one of the most common reasons to to fire someone, its also the one of the most difficult grounds to prove:
Although its one of the most common reasons to to fire someone, its also the one of the most difficult grounds to prove:
British Columbia's and Albertas Employment related status and relationship with employee statuette the employees from something, what is that?
British Columbia's and Albertas Employment related status and relationship with employee statuette the employees from something, what is that?
Under the BC Human Rights Code, what is the status of an employee exercising certain labor rights?
Under the BC Human Rights Code, what is the status of an employee exercising certain labor rights?
Under what circumstance in the workplace can summary dismissal happen?
Under what circumstance in the workplace can summary dismissal happen?
If a person is to be considered what they are going to do with threats should not be determinative of the consequences?
If a person is to be considered what they are going to do with threats should not be determinative of the consequences?
What is an instance where employees might be involved in other conflicts?
What is an instance where employees might be involved in other conflicts?
For what are most employers already equipped for?
For what are most employers already equipped for?
An employee who does not have what will likely violate this police policy?
An employee who does not have what will likely violate this police policy?
To show what should employers show in that the employees have fallen below an objective level as to performance?
To show what should employers show in that the employees have fallen below an objective level as to performance?
Is condoning behaviour not relevant if the employee fails to respond after this?
Is condoning behaviour not relevant if the employee fails to respond after this?
When the case went to the court, what did the Court order to do that resulted in it being terminated?
When the case went to the court, what did the Court order to do that resulted in it being terminated?
One key policy for employers to write must state what?
One key policy for employers to write must state what?
If an employee’s misconduct or incompetence is not proven on the balance of probabilities and doesn't meet the high threshold for just cause, what is the employer obligated to do?
If an employee’s misconduct or incompetence is not proven on the balance of probabilities and doesn't meet the high threshold for just cause, what is the employer obligated to do?
What is a key factor that arbitrator Jones considered when determining dismissal was not a proportionate penalty for Dr. Widdowson?
What is a key factor that arbitrator Jones considered when determining dismissal was not a proportionate penalty for Dr. Widdowson?
In dismissal cases where adjudicators adopt a contextual approach, what factors are now considered beyond just the nature and seriousness of the employee's conduct?
In dismissal cases where adjudicators adopt a contextual approach, what factors are now considered beyond just the nature and seriousness of the employee's conduct?
Why should employers investigate allegations in good faith, thoroughly, and promptly when considering termination?
Why should employers investigate allegations in good faith, thoroughly, and promptly when considering termination?
What is the primary reason for the court's ruling in the Chu v China Southern Airlines Company Limited case, highlighting the importance of good faith and fair dealing?
What is the primary reason for the court's ruling in the Chu v China Southern Airlines Company Limited case, highlighting the importance of good faith and fair dealing?
According to legal standards, what should an employer ensure when an allegation of misconduct is substantiated?
According to legal standards, what should an employer ensure when an allegation of misconduct is substantiated?
In the case of Obeng v Canada Safeway Limited, what was the decisive factor in the court's decision that Safeway had just cause for termination?
In the case of Obeng v Canada Safeway Limited, what was the decisive factor in the court's decision that Safeway had just cause for termination?
What must an employer do when dismissing an employee for cause but still wanting to provide some compensation as a gesture of goodwill?
What must an employer do when dismissing an employee for cause but still wanting to provide some compensation as a gesture of goodwill?
What can a court decide if an employer is not careful and condones misconduct that it later intends to rely on as just cause for termination?
What can a court decide if an employer is not careful and condones misconduct that it later intends to rely on as just cause for termination?
According to the principles pertaining to dismissal for just cause, what role do cumulative causes play?
According to the principles pertaining to dismissal for just cause, what role do cumulative causes play?
According to the principles of just cause, what standard of duty may positions that require a higher degree of public confidence impose?
According to the principles of just cause, what standard of duty may positions that require a higher degree of public confidence impose?
If an employee's dishonesty involves theft, what is true regarding the value of the stolen article in determining just cause for dismissal?
If an employee's dishonesty involves theft, what is true regarding the value of the stolen article in determining just cause for dismissal?
In dealing with employee dishonesty, what is one of the suggested strategies for an employer to put itself in the strongest legal position?
In dealing with employee dishonesty, what is one of the suggested strategies for an employer to put itself in the strongest legal position?
Other than an assault on a supervisor, what act of insubordination might provide just cause for termination?
Other than an assault on a supervisor, what act of insubordination might provide just cause for termination?
In cases of insolent behavior by an employee, what do courts often consider to mitigate the seriousness of the employee’s conduct?
In cases of insolent behavior by an employee, what do courts often consider to mitigate the seriousness of the employee’s conduct?
When can disrespectful behaviour directed at another employee justify a termination with cause?
When can disrespectful behaviour directed at another employee justify a termination with cause?
What key element does the International Brotherhood of Boilermakers v. Heidelberg Materials case reinforce regarding workplace safety?
What key element does the International Brotherhood of Boilermakers v. Heidelberg Materials case reinforce regarding workplace safety?
What aspect of an employee's off-duty conduct is most likely to be considered grounds for termination?
What aspect of an employee's off-duty conduct is most likely to be considered grounds for termination?
According to the information presented, what should a social media policy include with regards to employees that identify themselves as an employee or who discuss work issues?
According to the information presented, what should a social media policy include with regards to employees that identify themselves as an employee or who discuss work issues?
What is one of the implied duties that employees owe to their employers leading to justifiable dismissal for cause?
What is one of the implied duties that employees owe to their employers leading to justifiable dismissal for cause?
What is the primary consideration for determining whether an employee's 'moonlighting' or 'side hustle' constitutes a conflict of interest that may justify dismissal?
What is the primary consideration for determining whether an employee's 'moonlighting' or 'side hustle' constitutes a conflict of interest that may justify dismissal?
How are culpable absenteeism and innocent absenteeism treated differently under the law?
How are culpable absenteeism and innocent absenteeism treated differently under the law?
What does the case of Whitford v Agrium Inc. teach about absenteeism related to addiction?
What does the case of Whitford v Agrium Inc. teach about absenteeism related to addiction?
In cases of absenteeism that relate to disabilities and employers are required to accommodate employees, what may they be required to do?
In cases of absenteeism that relate to disabilities and employers are required to accommodate employees, what may they be required to do?
In the case Bannister, what steps did the employer take to make it a good case to justify dismissal relating to sexual harassment?
In the case Bannister, what steps did the employer take to make it a good case to justify dismissal relating to sexual harassment?
When can an employer dismiss an employee for cause on the basis of incompetence where the employee has a series of inadequacies?
When can an employer dismiss an employee for cause on the basis of incompetence where the employee has a series of inadequacies?
According to the information provided, which of the following does not make a case easier to terminate because of substance abuse, under the rules of human rights?
According to the information provided, which of the following does not make a case easier to terminate because of substance abuse, under the rules of human rights?
What does the contrast between the Ditchburn decision and the Dziecielski decision show?
What does the contrast between the Ditchburn decision and the Dziecielski decision show?
What does the case of Alberta Court of Queen say a shift from accommodating disability should articulate to the employee, to be a just dismissal?
What does the case of Alberta Court of Queen say a shift from accommodating disability should articulate to the employee, to be a just dismissal?
What is the most significant factor to the courts in considering a termination as being 'just cause'?
What is the most significant factor to the courts in considering a termination as being 'just cause'?
What is the rule regarding not all instances of human rights legislation, that results in sickness?
What is the rule regarding not all instances of human rights legislation, that results in sickness?
What does the court say about not every employee can be terminated for possession of child pornography or similar crime (and is subject to termination without compensation)?
What does the court say about not every employee can be terminated for possession of child pornography or similar crime (and is subject to termination without compensation)?
When did cases have the right to have any guidelines from an employer when it includes anti-reprisal cases?
When did cases have the right to have any guidelines from an employer when it includes anti-reprisal cases?
Which of the following is NOT an item most policies that follow the employee posts in general?
Which of the following is NOT an item most policies that follow the employee posts in general?
Why isn’t it sufficient to just complain about others to take just cause?
Why isn’t it sufficient to just complain about others to take just cause?
In Lowery, what did the ALBERTA court find about Lowery?
In Lowery, what did the ALBERTA court find about Lowery?
The case Dove v. Destiny Meta Technologies Inc. is the case that did to make a key to being the one if a certain is interfered, what does there being of being a primary source?
The case Dove v. Destiny Meta Technologies Inc. is the case that did to make a key to being the one if a certain is interfered, what does there being of being a primary source?
If alcohol is regularly consumed at business lunches, how easy will that make things for the employer for justifying dismissal for in the working?
If alcohol is regularly consumed at business lunches, how easy will that make things for the employer for justifying dismissal for in the working?
Since in cases, what may the employers in is did something or all with do the thing?
Since in cases, what may the employers in is did something or all with do the thing?
The three Toronto firefighters were fired in 2013 for making sexist tweets, which three unionized firefighters did not grieve for such?
The three Toronto firefighters were fired in 2013 for making sexist tweets, which three unionized firefighters did not grieve for such?
What is a critical factor that courts evaluate when an employee's actions could be seen as insolent?
What is a critical factor that courts evaluate when an employee's actions could be seen as insolent?
What is the likely outcome if an employer does not make sure that the employee is up to date on responsibilities and restrictions?
What is the likely outcome if an employer does not make sure that the employee is up to date on responsibilities and restrictions?
When dealing with dishonesty, what should employers do when there hasn't been substantial evidence that an employee has wrongdoing?
When dealing with dishonesty, what should employers do when there hasn't been substantial evidence that an employee has wrongdoing?
Which principle is applied when employers need help dismissing someone due to lack of tact or not enough discretion, within a specific role?
Which principle is applied when employers need help dismissing someone due to lack of tact or not enough discretion, within a specific role?
Under what circumstances might a case regarding a worker violating respectful workplace policies warrant being terminated?
Under what circumstances might a case regarding a worker violating respectful workplace policies warrant being terminated?
What should a social media policy include, and why may that be of particular importance?
What should a social media policy include, and why may that be of particular importance?
Which action will least warrant dismissal as a result of abuse of authority done by the employer?
Which action will least warrant dismissal as a result of abuse of authority done by the employer?
In what cases will an employer be subject to the most damage if they allege cause when firing an employee?
In what cases will an employer be subject to the most damage if they allege cause when firing an employee?
In assessing a case of lateness or absenteeism, what are the factors that the employer should least consider? Pick the best:
In assessing a case of lateness or absenteeism, what are the factors that the employer should least consider? Pick the best:
What would be an effect on an employer who has evidence to the contrary, even though it was without cause, where it was suggested as a culpable termination?
What would be an effect on an employer who has evidence to the contrary, even though it was without cause, where it was suggested as a culpable termination?
When dealing with breaches on the Internet or those that use employee's private devices, what items should be put in a well-drafted policy?
When dealing with breaches on the Internet or those that use employee's private devices, what items should be put in a well-drafted policy?
According to previous court decisions, why should businesses that implement a clear, easily-read policy be aware of their employee's business conduct?
According to previous court decisions, why should businesses that implement a clear, easily-read policy be aware of their employee's business conduct?
What is a main thing to point out to a new hire to be able to be terminated for absenteeism?
What is a main thing to point out to a new hire to be able to be terminated for absenteeism?
In terms of how it should be viewed when having an incident of intoxication of how it should be viewed, what is said should be looked at?
In terms of how it should be viewed when having an incident of intoxication of how it should be viewed, what is said should be looked at?
If an employee feels that he must get a prescription for cannabis, is there an automatic allowance at work?
If an employee feels that he must get a prescription for cannabis, is there an automatic allowance at work?
What must an employer show to terminate someone specifically due to employee's incompetence?
What must an employer show to terminate someone specifically due to employee's incompetence?
In the event that a long-serving employee has had years of their performance accepted, and is suddenly about to be terminated what should employers do?
In the event that a long-serving employee has had years of their performance accepted, and is suddenly about to be terminated what should employers do?
What do British Columbia and Alberta employment related statutes do when it comes to relationships with employees?
What do British Columbia and Alberta employment related statutes do when it comes to relationships with employees?
When determining the severity of threats, what is something that may support this?
When determining the severity of threats, what is something that may support this?
Concerning people who identify themselves as employees on social media, what item should be looked upon when it has to do with a disclaimer?
Concerning people who identify themselves as employees on social media, what item should be looked upon when it has to do with a disclaimer?
When would a court would dismiss based off conduct instead of for cause?
When would a court would dismiss based off conduct instead of for cause?
What test should the court see if they're going to see for a two-part test with if it impaired the workplace duties?
What test should the court see if they're going to see for a two-part test with if it impaired the workplace duties?
Where may someone see a breach in a long-term disability plan?
Where may someone see a breach in a long-term disability plan?
If alcohol is regularly consumed at business meetings, this indicates what with terminating an employee for being intoxicated, if it can?
If alcohol is regularly consumed at business meetings, this indicates what with terminating an employee for being intoxicated, if it can?
If an employer has been condoning or allowed something that was an inaccurate level of what will be accepted, what result does it have?
If an employer has been condoning or allowed something that was an inaccurate level of what will be accepted, what result does it have?
In respect to social media, which item should always be brought when it has to do with setting out what should not be used?
In respect to social media, which item should always be brought when it has to do with setting out what should not be used?
When dealing with employees who are facing disciplinary reviews, what must happen from not being dishonest to their employer about certain actions?
When dealing with employees who are facing disciplinary reviews, what must happen from not being dishonest to their employer about certain actions?
Why are ratings based on incompatibility hard to use, to make this decision?
Why are ratings based on incompatibility hard to use, to make this decision?
Should other employees be mentioned during other employees' investigations?
Should other employees be mentioned during other employees' investigations?
Besides performance, what is something that must be taken into account before being terminated?
Besides performance, what is something that must be taken into account before being terminated?
For a period that there is sexual harassment, what should be the things checked?
For a period that there is sexual harassment, what should be the things checked?
What results by knowingly placing ourselves in a situation that conflicts with the interests of the employer?
What results by knowingly placing ourselves in a situation that conflicts with the interests of the employer?
According to multiple cases, what should a policy address before allowing the use of private time?
According to multiple cases, what should a policy address before allowing the use of private time?
What may happen from a permanent illness if someone is dismissed?
What may happen from a permanent illness if someone is dismissed?
Besides causing harm, can what an employee does on their off-duty time lead to dismissal?
Besides causing harm, can what an employee does on their off-duty time lead to dismissal?
When must an employer be extra careful if he intends to take action?
When must an employer be extra careful if he intends to take action?
Before an investigation begins, what should be done to ensure the process is fair to the employee?
Before an investigation begins, what should be done to ensure the process is fair to the employee?
What factors should employers consider as part of the contextual approach?
What factors should employers consider as part of the contextual approach?
What jurisprudential principle dictates that an employer’s sanction be commensurate with the employee's infraction, considering the entirety of their service?
What jurisprudential principle dictates that an employer’s sanction be commensurate with the employee's infraction, considering the entirety of their service?
Within what framework should historical employee actions and workplace standards be appraised to ascertain if an employer's termination aligns with equitable labor practice?
Within what framework should historical employee actions and workplace standards be appraised to ascertain if an employer's termination aligns with equitable labor practice?
Which tenet mandates employers to execute unbiased investigations, disclose evidentiary insights, and guarantee personnel opportunities to confront allegations that might precipitate dismissal?
Which tenet mandates employers to execute unbiased investigations, disclose evidentiary insights, and guarantee personnel opportunities to confront allegations that might precipitate dismissal?
In what manner does dishonesty in the workplace compromise the employer-employee dynamic, warranting termination upon sufficient verification?
In what manner does dishonesty in the workplace compromise the employer-employee dynamic, warranting termination upon sufficient verification?
What strategic configuration involving policies, factual adjudication, and separation protocols maximizes the legal defensibility of employers facing employee malfeasance?
What strategic configuration involving policies, factual adjudication, and separation protocols maximizes the legal defensibility of employers facing employee malfeasance?
When may contravention of explicit operational protocols that precipitates substantial detriment for the employer constitute grounds for immediate employment cessation?
When may contravention of explicit operational protocols that precipitates substantial detriment for the employer constitute grounds for immediate employment cessation?
According to prevailing arbitral standards, what conditions attenuate insolent conduct, potentially mitigating disciplinary rigor in employment disputes?
According to prevailing arbitral standards, what conditions attenuate insolent conduct, potentially mitigating disciplinary rigor in employment disputes?
Under what circumstances can employers justifiably terminate personnel merely for exhibiting behaviour deemed unsuitable, absent demonstrable infractions or breach of protocol?
Under what circumstances can employers justifiably terminate personnel merely for exhibiting behaviour deemed unsuitable, absent demonstrable infractions or breach of protocol?
Under what explicit condition may an employer legitimately terminate an employee for actions performed ex situ and beyond ordinary working parameters?
Under what explicit condition may an employer legitimately terminate an employee for actions performed ex situ and beyond ordinary working parameters?
What stipulations must corporate entities enforce regarding personnel use of interlinked digital media to avert legal jeopardy stemming from employee conduct?
What stipulations must corporate entities enforce regarding personnel use of interlinked digital media to avert legal jeopardy stemming from employee conduct?
What obligations are imposed upon employers confronted by evidence of habitual indolence by employees, especially when disability factors augment said analysis?
What obligations are imposed upon employers confronted by evidence of habitual indolence by employees, especially when disability factors augment said analysis?
What protocol should businesses implement before enforcing disciplinary actions for workplace inebriation, especially in firms tolerating periodic alcohol consumption?
What protocol should businesses implement before enforcing disciplinary actions for workplace inebriation, especially in firms tolerating periodic alcohol consumption?
What factors should corporations prioritize evaluating when employees underperform, especially those accepted over extended timeframes?
What factors should corporations prioritize evaluating when employees underperform, especially those accepted over extended timeframes?
Which legal provision bars companies from penalizing staff who assert statutory entitlements, providing shields for whistleblowers and rights advocates?
Which legal provision bars companies from penalizing staff who assert statutory entitlements, providing shields for whistleblowers and rights advocates?
How does condonation operate within termination law, regarding when an employer forbears response to employee misconduct, yet later seeks resolution?
How does condonation operate within termination law, regarding when an employer forbears response to employee misconduct, yet later seeks resolution?
During investigation of suspected employee breaches, what ethical and practical directives guide data handling to balance enterprise security against individuals privacy?
During investigation of suspected employee breaches, what ethical and practical directives guide data handling to balance enterprise security against individuals privacy?
What specific burden does common law impose, requiring management to substantiate their determinations when terminating staff on capabilities grounds?
What specific burden does common law impose, requiring management to substantiate their determinations when terminating staff on capabilities grounds?
How do adjudicators assess contextual dimensions of employment to determine proportionality, relating sanctions and prior factors during dismissal disputes?
How do adjudicators assess contextual dimensions of employment to determine proportionality, relating sanctions and prior factors during dismissal disputes?
If management wants to allege proper cause while also wanting to supply a small sum to those being departed from the team, what process should they use to do so?
If management wants to allege proper cause while also wanting to supply a small sum to those being departed from the team, what process should they use to do so?
Of the many itemized here that relate to being terminated, can one be terminated for cause while on sick leave?
Of the many itemized here that relate to being terminated, can one be terminated for cause while on sick leave?
Besides other times, is there a specific time that it would be problematic to ask about health?
Besides other times, is there a specific time that it would be problematic to ask about health?
Are they more concerned about a manager or an employee being more out of line?
Are they more concerned about a manager or an employee being more out of line?
Should a high level employee with extensive access ever have a just cause dismissal?
Should a high level employee with extensive access ever have a just cause dismissal?
If an employee's performance is grossly deficient, does an employee require all the processes?
If an employee's performance is grossly deficient, does an employee require all the processes?
Concerning an individual who is guilty on social media, what should policy have specifically written?
Concerning an individual who is guilty on social media, what should policy have specifically written?
If you are going to not agree with something being done, what isn't a good enough point to stop something?
If you are going to not agree with something being done, what isn't a good enough point to stop something?
If a situation does occur, can you have a secondary income?
If a situation does occur, can you have a secondary income?
An employee was intoxicated and driving their car, does all past employment record cover all?
An employee was intoxicated and driving their car, does all past employment record cover all?
What does the test include if there is going to be a shift with the employer to make the other person being accommodated be something that is no longer tolerated?
What does the test include if there is going to be a shift with the employer to make the other person being accommodated be something that is no longer tolerated?
Where on the site should people make sure to disclaim?
Where on the site should people make sure to disclaim?
If a company has a goal to promote themselves with children and what happens with it has them charged about it.
If a company has a goal to promote themselves with children and what happens with it has them charged about it.
With the way that we are proceeding, can you still do the thing or a breach in long term disability plan?
With the way that we are proceeding, can you still do the thing or a breach in long term disability plan?
In determining of severity, something may show it is in support of what?
In determining of severity, something may show it is in support of what?
How is the workplace changed in present to avoid bullying?
How is the workplace changed in present to avoid bullying?
When you are considering how many actions at the same time to cause termination, must you consider certain things while they did what what is that list?
When you are considering how many actions at the same time to cause termination, must you consider certain things while they did what what is that list?
Can an employer say a thing later that wasn't one before?
Can an employer say a thing later that wasn't one before?
In situations where an activity leads to a conflict, for example where there are both bank and real-estate positions, can one dismiss someone as a real estate agent?
In situations where an activity leads to a conflict, for example where there are both bank and real-estate positions, can one dismiss someone as a real estate agent?
While the employee is getting reviewed, what kind of attitude do they are they supposed to be?
While the employee is getting reviewed, what kind of attitude do they are they supposed to be?
At a company event, what do they say about people who may cross the line?
At a company event, what do they say about people who may cross the line?
Can the employer change if to say what they made and the same?
Can the employer change if to say what they made and the same?
Flashcards
Summary dismissal
Summary dismissal
Dismissal without advance notice for just cause
Onus of Proof
Onus of Proof
The employer should show that an employee breached the contract.
Balance of probabilities
Balance of probabilities
More likely than not to be true
Proportionality
Proportionality
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Summary dismissal
Summary dismissal
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Contextual approach
Contextual approach
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Procedural fairness
Procedural fairness
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After-acquired cause
After-acquired cause
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Without prejudice
Without prejudice
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Condonation
Condonation
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insubordination
insubordination
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Insolent behaviour
Insolent behaviour
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Off-duty conduct
Off-duty conduct
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Conflict of interest
Conflict of interest
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Culpable absenteeism
Culpable absenteeism
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Innocent absenteeism
Innocent absenteeism
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Intoxication
Intoxication
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Incompetence
Incompetence
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Wrongful dismissal
Wrongful dismissal
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Academic Freedom Limits
Academic Freedom Limits
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Principle of Just Cause 1
Principle of Just Cause 1
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Principle of Just Cause 2
Principle of Just Cause 2
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Principle of Just Cause 5
Principle of Just Cause 5
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Principle of Just Cause 11
Principle of Just Cause 11
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Justifiable Dismissal
Justifiable Dismissal
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Just cause dismissal
Just cause dismissal
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Proportionate Punishment
Proportionate Punishment
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Rules of Procedural Fairness
Rules of Procedural Fairness
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Good faith and fair dealing.
Good faith and fair dealing.
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The Unfairness Spectrum
The Unfairness Spectrum
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Cautioning Just-Cause Allegations
Cautioning Just-Cause Allegations
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Proportionate Misconduct Sanction
Proportionate Misconduct Sanction
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Reactions to wrongdoing
Reactions to wrongdoing
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Dismissal timeline grounds
Dismissal timeline grounds
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Dishonest conduct
Dishonest conduct
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Acts of Dishonesty
Acts of Dishonesty
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Provide clear written policies
Provide clear written policies
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Get the facts down first
Get the facts down first
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Isolated insubordination penalty
Isolated insubordination penalty
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Bullying and Harassment prevention
Bullying and Harassment prevention
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Threat
Threat
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Good and bad character
Good and bad character
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Employee Social Media
Employee Social Media
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More Employee Social Media
More Employee Social Media
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Absences due to Disability
Absences due to Disability
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Sexual Harassment Policy
Sexual Harassment Policy
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Company Intoxication
Company Intoxication
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Dependency on service.
Dependency on service.
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Long standing
Long standing
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Study Notes
Dismissal with Cause
- Employees in Canada can be dismissed without advance notice or pay only if there is just cause
- Terminations require reasonable notice or pay in lieu, unless an employment contract states otherwise
- A dismissal without just cause exposes the employer to a lawsuit for wrongful dismissal
Learning Outcomes
- Distinguish between reasons for dismissal and just cause dismissal under common law
- Understand the contextual approach to determining just cause
- Pinpoint elements of procedural fairness in dismissals
- Discuss specific grounds specifically like dishonesty, insolence and insubordination, incompatibility, off-duty conduct etc.
- Relate underlying concepts like condonation to dismissal
Legal Meaning of "Just Cause"
- "Just cause" means more than an employer simply needing to downsize
- The key legal point is whether the employee breached the employment contract so fundamentally that the employer doesn't have to provide reasonable notice of termination or pay in lieu
Employer Standard for Just Cause
- It is a very high standard to meet to be "just cause" for a dismissal
- Determination is made on a case-by-case basis and ultimately decided by a court, based on legal precedent
- Employers can get a sense of whether misconduct or incompetence warrants dismissal by reviewing similar cases
- Taking measures, like documenting performance support, progressive discipline and ensuring procedural fairness, improves chances of a successful defense
Precedents for Determining Just Cause
- Courts look at past wrongful dismissal lawsuits as precedents
- Courts can also look at labor arbitration decisions, where arbitrators apply similar standards
Onus of Proof
- Courts are reluctant to find just cause due to the severe consequence for the employee
- The employer bears the onus of proof to show, on a balance of probabilities, that the employee fundamentally breached the employment contract
- The burden of proving a case or its facts involved in a dispute
Balance of Probabilities
- A proposition is established as fact if it is shown that the proposition is more likely than not to have occurred
- The analysis is contextual, depending on specific circumstances
- The degree of proof required in civil law cases wherein a proposition is established as fact
Alberta v Alberta Health Services Example
- In healthcare settings, employers and employees are "reposed with a public trust" due to patients being vulnerable
- A respiratory therapist was rightfully terminated for accessing pornography on a work computer
- His actions were a fundamental breach of this trust and a serious compromise of professional integrity
The "All or Nothing" Nature of Just Cause
- If misconduct/incompetence isn't proven on a balance of probabilities or doesn't meet the high threshold, reasonable notice/pay in lieu is owed
- No reduction in notice period is given for misconduct not serious enough for immediate dismissal
- The punishment must be proportionate to the misconduct
Proportionality and The Contextual Approach
- Courts recognize the unequal relationship between employers/employees, especially during dismissal, and protect employees in several ways
- One development is the concept of proportionality, where sanctions need to be proportional to the related conduct acts
- Some acts of misconduct that go to the heart of the employment relationship, like theft, assault or a significant indecent of sexual harassment may warrant summary dismissal
- Single or series of incidents whether well documented or not must constitute a very high standard to support the theory that the employment contract has been irreparably broken
- 'Proportionality' means that any sanction must be proportional to the conduct it relates
- 'Summary Dismissal' means a dismissal without notice based on just cause
Board of Governors of Mount Royal University v Mount Royal Faculty Association Example
- The arbitrator considered Dr. Frances Widdowson's dismissal in context of bullying, harassment, claims, academic freedom, discrimination etc
- Prior to being dismissed Dr. Widdowson was in the Department of Economics, Justice and Policy Studies
- Her research focused on Indigenous policy, expression freedom, academic freedom etc
- There were never any complaints about quality of work and she was supported for her activities
Further Information on Board of Governors of Mount Royal University v Mount Royal Faculty Association
- Problems came to a head summer 2020 with a "Twitter War" erupted causing allegations of bullying, harassment etc for both sides
- The University had 4 investigators conduct 5 investigations with faculty, six who received warnings, and Widdowson suspended for 2 weeks May 2021
- Continued investigations suggested a contribution to a toxic workplace and complaints of malicious, vexatious bad faith
- She was dismissed December 2021
Mount Royal Faculty Association (MRFA) and the dismissal of Dr. Widdowson
- MRFA argues unfair procedures and defends dismissal as a violation of her academic freedom, that promotes faculty ability to inquire without interference
- David Jones the arbitrator issued a 300-page decision agreeing she was bullying, harassing coworkers, a malicious complaint
- Evidence says she contributed to a toxic work environment though Jones dismissed the MRFA complaints citing academics can be held legally accountable
- Dismissal was deemed a disproportionate penalty despite Widdowson's actions warranted discipline without shielding from academia academic freedom, some allegations were dismissed as unproven
Dr. Widdowson Reinstatement Arguments
- Adverse effect of participation in "Twitter War"
- Refusal to recognize the impact of her harassing social media communications or lack of remorse
- Reluctance of coworkers to see her return
- Tweets stating denial of harassment
- Conduct that demonstrates university hostility/colleagues
- Testimony which was the reason for setting up the room differently requiring and cautioning her from directly addressing during testimony
- Refusal to accept employment requirements are met by the collective bargaining agreement
- The tension between her and other colleagues went beyond social media
- Her views and attitude suggests reinstatement is not the lasting solution
- Dr Widdowson was awarded $267,725 without reinstatement due to a ruling
Contextual Approach
- Decision makers are required to apply the "contextual approach"
- More so than just the conduct of an employee alone
- The courts rely more on the employment context overall
- McKinley v BC Tel determined relevant context includes length of service, disciplinary record, employee performances or factors affecting performance
- The increasing tendency of courts to veiw employee misconduc within the overall context of the employment record
Procedural Fairness, Good Faith, and Fair Dealing
- Whether misconduct or incompetence, an employer can give themselves a "leg up" in court
- Following the procedures means things like timely investigations from a qualifies investigator
- Informing the employee of everything that goes on including allegations and findings
- The allegations remaining as private as they can, considering witnesses are needed
- Procedural Fairness Certain process rights that one party provides to another, such as an employer giving an employee an opportunity to respond to allegations against them
Employer Duty
- Employers must be forthright, honest, and reasonable in dealings with staff
- All termination and issues must be considered by the employer made in 'good faith', without ulterior motives
In the News: Chu v China Southern Airlines Company Limited
- Chu sought assistance of airline 2008
- Became manager 2011 (Building business in Canada)
- Zhang was appointed as manager in January of 2018- she did not get along with Chu/ She gave job responsibilities and excluded him from meetings
- Zhang dismissed marketing department that was run by employee to continue his criticisms that were previously unblemished on record
- Transferred to sales dept for 25% decrease- Demoted to airport operations where he had no experience and after failing tests and training was never provided
Details of Chus' Termination
- Employees was fired because of "unacceptable performance"
- Chu sued for wrongful dismissal with falsified reports that "Chu never held a management position"
- Court stated that there had been no appropriate training descriptions for either job and had had reasonable expectiations
Court Ruling: Chu v China Southern Airlines Company Limited
- TSA didn't have "just cause" for firing, demotes to roles he wasnt suited for
- TSA breached good faith duty by setting up demotions
- Chu won $208,053 for aggravated and punitive damages
- Employers should note that allegations must come with a very strong foundation due to a lot of factors
Substantiated Misconduct Allegations
- In a case, employers should ensure actions are proportional to circumstances involved while considering these elements: i) Was it a momentary error in judgement ii) Assess the job iii) Any extenuating circumstances iv) The allegation
Employee Responsibility
- Employers look at the response to what the employee is going to address
- Also whether the actions can be mitigated as much
- The Obeng v Canada Safeway Limited indicates the importance of the employee's response
Obeng v Canada Safeway Limited Case
- Obeng was fired for theft after being questioned and then sued for said theft
- Denying all wrong doing and no solid evidence, later claimed he didn't realize he grabbed the wrong basket
- Just Cause was justified based, in part, on his admission and failure to be forthright during prior questioning and prior investigations
Best Reason for Discharge Not Discovered Until After Termination - Letendre v Deines Micro Film Services
- Employers may not be required to give reason upfront
- The judge can find the employer can apply for the facts known later
- They can also use the revelation to show the employee's untrustworthy character
Dishonest Actions
(1.) The job title (2.) Flattering actions (3.) Unacceptable responses
- Sometimes money as gesture with an honest "statement" is made in court
Termination Without An Admission For Litigation
- Ayalew v The Council for the Advancement of African Canadians - The employer suggested they would have acted based on cause after discharge
- The Alberta Court of Kings bench the reason was the employer was to terminate the employee
Rules for Termination- Condonation
- Employers must respond quickly to the incident
- They can consider the situation prior and resolve situation
11 Principles Pertaining to Dismissal for Just Cause (Graham v Canadian Cancer Society)
- Employee's responsibilities must be known
- Dissatisfaction or position jeopardy must be presented
- Can be a dismissal without notice
- Mere inadequacies can't be added together
- Positions needing a higher degree of confidence come with a higher standard of duty
- Set the parameters
- Wilful obedience is necessary for dismissals with this consideration
- Only rely on the known grounds and if grounds have occurred afterward
- Employer can determine restrictions are needed as well
- Employ terminated while on leave
Grounds That May Provide Just Cause for Dismissal
- Engaging in criminal conduct
- Costly recklessness and negligence
- Threatening morale among peers
- Harmful to the employer's reputation
- Competing or damaging the business
- Breaching trust
Two General Types of Employee Conduct that can Justify Dismissal
- Misconduct is one with theft or insubordination
- Problems related to job
Common Grounds for Dismissal for Cause
- Dishonesty
- Insubordination
- Incompatibility
- Conducts that would be dangerous
- Conflict of interest
- Absenteism
- Sexual Harassment
- Intoxication and substance abuse
- Incompetence
Dishonesty in Workplaces
- Destroys the trust in business
- Could be fraud
- Employers can determine through the employee's trustworthiness
McKinley v BC Tel, 2001 SCC 38, Context of Dishonesty
- It was not reasonable
- He was dishonest but the facts didn't undermine employer/employee relationship
- Should have been proportional given factors
3 Strategies for employer when dealing with employee dishonesty:
- Provide clear written policies that outline required behavior and include written violation means cause for dismissal.
- Get the facts so the employer can ensure and investigate thoroughly, obtain witness statements, and listening to the employee's explanation.
- Provide a reasonable separation package if the allegations cannot be proven
Insubordination
- Rare, but can be assault on a supervisor
- Contrition of an employment causes a big loss and justifies a dissmissal
Types of Absenteeism Under Common Law
- Culpable (blameworthy) is absent without a good reason or circumstances within employee's control
- Innocent (blameless) is when they can't come to work for reasons beyond their control
- They are treated differently under the law
Culpable Absenteesim
- Occurs when an employee is absent from work without a good reason
- Results from circumstances within control, for example, sleeping in or decides not to
- Employer is entitled to disciplinary action for culpable absenteeism/ lateness but a single incident rarely justifies dismissal
- Best addressed through communicating and consistently enforced policy and the application of disciplinary action
- Includes being late without good reason, leaving without permission or failing to follow notification
Context When Assessing Just Cause for Dismissal
- How long worked there
- Was lateness suddenly, or, already chronic
- Employees that are late
Teck Coal v United Mine Workers of America (Local 1656) Details
- Case states that the the worker and supervisor were not always sick
- He was a drunk driver and that wasn't permissible for the company
Whitford v Agrium Findings (Innocent Absenteeism)
- As an employee, a 22+ year worker for the company developed alcohol issues
- After supporting alcohol rehabilitation centers- treatment wasn't complete and more time is needed
- Not guilty of intentional misconduct and was almost very forthright
- If he was to work to prepare a new plan- termination can occur
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