Dismissal with Cause in Canada

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Questions and Answers

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?

  • 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?

  • 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?

<p>Any sanction must be proportional to the conduct to which it relates (D)</p> Signup and view all the answers

Which type of misconduct may warrant summary dismissal, even if it occurs only once?

<p>A theft (D)</p> Signup and view all the answers

What does procedural fairness generally entail before an employer makes a decision to terminate an employee?

<p>An investigation (B)</p> Signup and view all the answers

What duty do employers have when considering the termination of an employee's contract?

<p>Good faith and fair dealing (C)</p> Signup and view all the answers

According to the Supreme Court of Canada, what should courts now consider when assessing an employee's alleged offense?

<p>The overall employment relationship (D)</p> Signup and view all the answers

What did the court determine was defamatory in the Litster v British Columbia Ferry Corp case?

<p>Accusing the employee of theft (D)</p> Signup and view all the answers

What is the term for an employer implying acceptance of an employee's misconduct by not responding to it?

<p>Condonation (A)</p> Signup and view all the answers

Which of the following describes 'without prejudice' in the context of an employer providing money to a dismissed employee?

<p>Without an admission of wrongdoing (D)</p> Signup and view all the answers

What is one of the most serious acts of misconduct in the workplace that can undermine the crucial element of trust?

<p>Dishonesty (C)</p> Signup and view all the answers

What three strategies can an employer use when dealing with instances of employee dishonesty to put itself in the strongest legal position possible?

<p>Clear policies, get facts, reasonable separation package (A)</p> Signup and view all the answers

What type of violation will often lead to circumstances to justify a termination with cause?

<p>Disrespectful behavior directed at colleague (B)</p> Signup and view all the answers

To what is any sanction related to conduct considered to be?

<p>Proportional (A)</p> Signup and view all the answers

If one party gives another certain process rights, what is that called?

<p>Procedural fairness (A)</p> Signup and view all the answers

What constitutes ground rules of the use of personal blogs or social media posts?

<p>All of the above (D)</p> Signup and view all the answers

When might engaging in activities that create a conflict of interest with the employer's interests justify dismissal for cause?

<p>If the employees owes the duty of faithfulness (D)</p> Signup and view all the answers

According to what is stated in Destiny's code of conduct, what kind of aspects did it include?

<p>All of the above (D)</p> Signup and view all the answers

What occurs when an employee is absent from work without a good reason, and generally as a result of circumstances within their control?

<p>Culpable absenteeism (A)</p> Signup and view all the answers

When should an employer have clear awareness as to the full nature and extent of a misconduct/issue?

<p>To be held accountable for having condoned it (D)</p> Signup and view all the answers

If someone is always honest with the employer but needs to be excused, what is that employee demonstrating?

<p>The employee didn't intentionally engage in the misconduct (B)</p> Signup and view all the answers

What does the first part of the test require the employer to establish?

<p>Looking at context of employment relationship as a whole (A)</p> Signup and view all the answers

Many types of which harassment is important to warrant progressive discipline?

<p>Sexual (A)</p> Signup and view all the answers

While the test involves considering certain rights, as well as violation of company policy, what else involves grounds for dismissing an employee?

<p>All of the above (D)</p> Signup and view all the answers

Besides the above, what also is viewed as disability, and that is prohibited ground of discrimination?

<p>Substance abuse (B)</p> Signup and view all the answers

Although its one of the most common reasons to to fire someone, its also the one of the most difficult grounds to prove:

<p>Incompetence (C)</p> Signup and view all the answers

British Columbia's and Albertas Employment related status and relationship with employee statuette the employees from something, what is that?

<p>Dismissing employee on certain grounds (C)</p> Signup and view all the answers

Under the BC Human Rights Code, what is the status of an employee exercising certain labor rights?

<p>Cannot dismiss or penalize (C)</p> Signup and view all the answers

Under what circumstance in the workplace can summary dismissal happen?

<p>Engaged in uncharacteristically bad judgement (C)</p> Signup and view all the answers

If a person is to be considered what they are going to do with threats should not be determinative of the consequences?

<p>Whether the intent is to actually at on the threats (A)</p> Signup and view all the answers

What is an instance where employees might be involved in other conflicts?

<p>Other employment interfering with primary employment (C)</p> Signup and view all the answers

For what are most employers already equipped for?

<p>Policies that deal with certain issues (B)</p> Signup and view all the answers

An employee who does not have what will likely violate this police policy?

<p>An addiction (A)</p> Signup and view all the answers

To show what should employers show in that the employees have fallen below an objective level as to performance?

<p>That an employee has fallen below an objectively determined level (A)</p> Signup and view all the answers

Is condoning behaviour not relevant if the employee fails to respond after this?

<p>Employee falls to respond after appropriate warnings (C)</p> Signup and view all the answers

When the case went to the court, what did the Court order to do that resulted in it being terminated?

<p>It would disqualify them from long-term disability plan (C)</p> Signup and view all the answers

One key policy for employers to write must state what?

<p>That violations will be cause for dismissal (C)</p> Signup and view all the answers

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?

<p>Provide reasonable notice or pay in lieu under the common law. (B)</p> Signup and view all the answers

What is a key factor that arbitrator Jones considered when determining dismissal was not a proportionate penalty for Dr. Widdowson?

<p>There was a short period between Dr. Widdowson's initial suspension and subsequent dismissal. (C)</p> Signup and view all the answers

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?

<p>The employee's length of service, disciplinary history, and mitigating circumstances. (B)</p> Signup and view all the answers

Why should employers investigate allegations in good faith, thoroughly, and promptly when considering termination?

<p>To adhere to rules of procedural fairness and demonstrate just cause under common law. (C)</p> Signup and view all the answers

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?

<p>CSA set Chu up to fail with demotions to jobs he could not do and made false allegations of cause. (A)</p> Signup and view all the answers

According to legal standards, what should an employer ensure when an allegation of misconduct is substantiated?

<p>The sanction is proportionate to the misconduct within the overall context of the employment relationship. (A)</p> Signup and view all the answers

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?

<p>Obeng's failure to provide a complete and truthful explanation during the employer's investigation. (C)</p> Signup and view all the answers

What must an employer do when dismissing an employee for cause but still wanting to provide some compensation as a gesture of goodwill?

<p>Clarify in writing that the payment is made on a 'without prejudice' basis. (A)</p> Signup and view all the answers

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?

<p>The court will prevent the employer from using the condoned misconduct as grounds for termination. (C)</p> Signup and view all the answers

According to the principles pertaining to dismissal for just cause, what role do cumulative causes play?

<p>Cumulative causes may justify dismissal without notice even if individual events would not. (D)</p> Signup and view all the answers

According to the principles of just cause, what standard of duty may positions that require a higher degree of public confidence impose?

<p>A higher standard of duty. (C)</p> Signup and view all the answers

If an employee's dishonesty involves theft, what is true regarding the value of the stolen article in determining just cause for dismissal?

<p>The value of the stolen article need not be significant if the employee was aware such conduct is prohibited. (D)</p> Signup and view all the answers

In dealing with employee dishonesty, what is one of the suggested strategies for an employer to put itself in the strongest legal position?

<p>Providing clear written policies that outline required behavior and state that violations will be cause for dismissal. (C)</p> Signup and view all the answers

Other than an assault on a supervisor, what act of insubordination might provide just cause for termination?

<p>A deliberate contravention of an important employment policy that results in a significant loss for an employer. (C)</p> Signup and view all the answers

In cases of insolent behavior by an employee, what do courts often consider to mitigate the seriousness of the employee’s conduct?

<p>Whether the employee was provoked by the supervisor. (B)</p> Signup and view all the answers

When can disrespectful behaviour directed at another employee justify a termination with cause?

<p>If the behaviour leads to circumstances that justify a termination with cause, as found in the <em>Heidelberg Materials</em> case. (B)</p> Signup and view all the answers

What key element does the International Brotherhood of Boilermakers v. Heidelberg Materials case reinforce regarding workplace safety?

<p>There is no room for threats in any workplace, and employers should treat such threats seriously. (C)</p> Signup and view all the answers

What aspect of an employee's off-duty conduct is most likely to be considered grounds for termination?

<p>Conduct that harms the employer's business or reputation. (C)</p> Signup and view all the answers

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?

<p>A disclaimer stating that the opinions expressed are those of the author only. (A)</p> Signup and view all the answers

What is one of the implied duties that employees owe to their employers leading to justifiable dismissal for cause?

<p>The duty of faithfulness or loyalty, avoiding activities that create a conflict of interest. (B)</p> Signup and view all the answers

What is the primary consideration for determining whether an employee's 'moonlighting' or 'side hustle' constitutes a conflict of interest that may justify dismissal?

<p>Whether the secondary employment harms the employer's interests. (D)</p> Signup and view all the answers

How are culpable absenteeism and innocent absenteeism treated differently under the law?

<p>An employer is entitled to impose disciplinary action for culpable absenteeism or lateness only. (B)</p> Signup and view all the answers

What does the case of Whitford v Agrium Inc. teach about absenteeism related to addiction?

<p>Even after supporting an employee's supervisor to a rehabilitation center if they do not have fully successful treatment, the employee must have an opportunity to approve the plan before a termination. (C)</p> Signup and view all the answers

In cases of absenteeism that relate to disabilities and employers are required to accommodate employees, what may they be required to do?

<p>They may be required to accept irregular attendance or tolerate lengthy absences over a long period of time. (A)</p> Signup and view all the answers

In the case Bannister, what steps did the employer take to make it a good case to justify dismissal relating to sexual harassment?

<p>The employer took a proactive stance, permanently posted a copy of its sexual harassment policy, the employee attended a sexual harassment seminar designed for supervisors, and they did interviews. (A)</p> Signup and view all the answers

When can an employer dismiss an employee for cause on the basis of incompetence where the employee has a series of inadequacies?

<p>The employer has provided adequate warning to an employee, where the dismissal is for an instance of inadequate work performance. (D)</p> Signup and view all the answers

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?

<p>Substance abuse is considered a disability. (A)</p> Signup and view all the answers

What does the contrast between the Ditchburn decision and the Dziecielski decision show?

<p>That long service and a good employment record alone will not insulate an employee from a finding of just cause where the consequences of a single incident of misconduct involving intoxication. (D)</p> Signup and view all the answers

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?

<p>Employers must specifically articulate to the employee its shift from accommodating a disability to taking a disciplinary approach toward the absenteeism. (A)</p> Signup and view all the answers

What is the most significant factor to the courts in considering a termination as being 'just cause'?

<p>The impact on a person's ability to fulfill workplace duties as impaired by any personal problems. (B)</p> Signup and view all the answers

What is the rule regarding not all instances of human rights legislation, that results in sickness?

<p>To not treat minor temporary illnesses that are common to the general population as disabilities trivializes the purpose behind this prohibited ground for discrimination. (B)</p> Signup and view all the answers

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)?

<p>Relevant factors include an employee's level of responsibility, degree employer's reputation in the community will likely be affected. (D)</p> Signup and view all the answers

When did cases have the right to have any guidelines from an employer when it includes anti-reprisal cases?

<p>They are often referred to as the anti-reprisal cause; there's a list here. (A)</p> Signup and view all the answers

Which of the following is NOT an item most policies that follow the employee posts in general?

<p>Confidentiality or non-disclosure obligations with an employee post under a pseudonym. (B)</p> Signup and view all the answers

Why isn’t it sufficient to just complain about others to take just cause?

<p>It is where comments create an employment. (D)</p> Signup and view all the answers

In Lowery, what did the ALBERTA court find about Lowery?

<p>The Alberta court found that he did have a job and couldn't have for everything together to prejudice the proper conduct of the employer’s business. (C)</p> Signup and view all the answers

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?

<p>There be prior approval. (B)</p> Signup and view all the answers

If alcohol is regularly consumed at business lunches, how easy will that make things for the employer for justifying dismissal for in the working?

<p>Employer may have difficulty justifying the dismissal. (D)</p> Signup and view all the answers

Since in cases, what may the employers in is did something or all with do the thing?

<p>How the facts of the case will be against those to what in of all cases will be said on other stuff. (B)</p> Signup and view all the answers

The three Toronto firefighters were fired in 2013 for making sexist tweets, which three unionized firefighters did not grieve for such?

<p>Discussed in the chapter. (A)</p> Signup and view all the answers

What is a critical factor that courts evaluate when an employee's actions could be seen as insolent?

<p>If the supervisor potentially provoked the behaviour. (A)</p> Signup and view all the answers

What is the likely outcome if an employer does not make sure that the employee is up to date on responsibilities and restrictions?

<p>The employer's case for dismissal may be weakened. (B)</p> Signup and view all the answers

When dealing with dishonesty, what should employers do when there hasn't been substantial evidence that an employee has wrongdoing?

<p>Continue without cause and provide a reasonable separation package. (C)</p> Signup and view all the answers

Which principle is applied when employers need help dismissing someone due to lack of tact or not enough discretion, within a specific role?

<p>On-the-job conduct falling within the scope of incompetence. (D)</p> Signup and view all the answers

Under what circumstances might a case regarding a worker violating respectful workplace policies warrant being terminated?

<p>No employer has the luxury to wait out events to see whether the threatening words are coupled with an actual serious intent. (B)</p> Signup and view all the answers

What should a social media policy include, and why may that be of particular importance?

<p>Guidance on employees identifying as employees or discussing work issues. (D)</p> Signup and view all the answers

Which action will least warrant dismissal as a result of abuse of authority done by the employer?

<p>Having multiple credit cards not used by the company but just the employee. (C)</p> Signup and view all the answers

In what cases will an employer be subject to the most damage if they allege cause when firing an employee?

<p>Legal and reputational with no solid foundation. (B)</p> Signup and view all the answers

In assessing a case of lateness or absenteeism, what are the factors that the employer should least consider? Pick the best:

<p>How long is his personal relationship with the employer. (B)</p> Signup and view all the answers

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?

<p>That cannot work in that it would need to be post-termination, not where something has happened. (D)</p> Signup and view all the answers

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?

<p>A part to show the impact it has on a job. (D)</p> Signup and view all the answers

According to previous court decisions, why should businesses that implement a clear, easily-read policy be aware of their employee's business conduct?

<p>This keeps the private info private and gives clear expectations to employees. (A)</p> Signup and view all the answers

What is a main thing to point out to a new hire to be able to be terminated for absenteeism?

<p>Articulate to the employee its shift from accommodating a disability to taking a disciplinary approach toward the absenteeism. (B)</p> Signup and view all the answers

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?

<p>What the nature of the workplace to see about the termination. (A)</p> Signup and view all the answers

If an employee feels that he must get a prescription for cannabis, is there an automatic allowance at work?

<p>There is no absolute right to use cannabis at work since there may be implications from other medications. (D)</p> Signup and view all the answers

What must an employer show to terminate someone specifically due to employee's incompetence?

<p>An employee has fallen below an objectively determined level of performance. (C)</p> Signup and view all the answers

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?

<p>In these circumstances, employers should offer them pay in place of not attempting to dismiss. (C)</p> Signup and view all the answers

What do British Columbia and Alberta employment related statutes do when it comes to relationships with employees?

<p>Prohibit employers from dismissing employees on certain grounds. (C)</p> Signup and view all the answers

When determining the severity of threats, what is something that may support this?

<p>His refusal to admit making these threatening statements the failure to apologize conduct well the story. (C)</p> Signup and view all the answers

Concerning people who identify themselves as employees on social media, what item should be looked upon when it has to do with a disclaimer?

<p>They should show are from the employees or the authors on the post. (C)</p> Signup and view all the answers

When would a court would dismiss based off conduct instead of for cause?

<p>When that employee was not being honest during the investigation. (A)</p> Signup and view all the answers

What test should the court see if they're going to see for a two-part test with if it impaired the workplace duties?

<p>How the person does their disability because of alcohol issues. (C)</p> Signup and view all the answers

Where may someone see a breach in a long-term disability plan?

<p>They will see that in the long-term what they're saying will lead to those benefits, that means it's a breach of contract. (D)</p> Signup and view all the answers

If alcohol is regularly consumed at business meetings, this indicates what with terminating an employee for being intoxicated, if it can?

<p>Harder to find just cause. (D)</p> Signup and view all the answers

If an employer has been condoning or allowed something that was an inaccurate level of what will be accepted, what result does it have?

<p>There would not later be any reliance of condoned termination, though. (C)</p> Signup and view all the answers

In respect to social media, which item should always be brought when it has to do with setting out what should not be used?

<p>What defamation could be seen as when the employer is brought up. (D)</p> Signup and view all the answers

When dealing with employees who are facing disciplinary reviews, what must happen from not being dishonest to their employer about certain actions?

<p>The truth helps and will not cause problems. (D)</p> Signup and view all the answers

Why are ratings based on incompatibility hard to use, to make this decision?

<p>A mask to avoid discrimination. (A)</p> Signup and view all the answers

Should other employees be mentioned during other employees' investigations?

<p>The name of the employee under investigation was not mentioned. (D)</p> Signup and view all the answers

Besides performance, what is something that must be taken into account before being terminated?

<p>Ensure that a correct amount is given or the process is not fair. (C)</p> Signup and view all the answers

For a period that there is sexual harassment, what should be the things checked?

<p>An easy process to show or handle the issues. (D)</p> Signup and view all the answers

What results by knowingly placing ourselves in a situation that conflicts with the interests of the employer?

<p>We can lead to the the just dismissal. (D)</p> Signup and view all the answers

According to multiple cases, what should a policy address before allowing the use of private time?

<p>Implement certain things, like clear writing restructrions. (B)</p> Signup and view all the answers

What may happen from a permanent illness if someone is dismissed?

<p>A finding of frustration of contract. (D)</p> Signup and view all the answers

Besides causing harm, can what an employee does on their off-duty time lead to dismissal?

<p>The conduct from a workplace policy or harm other employees. (B)</p> Signup and view all the answers

When must an employer be extra careful if he intends to take action?

<p>An employer must be careful not to condone misconduct that it intends to rely on as just cause for termination. (A)</p> Signup and view all the answers

Before an investigation begins, what should be done to ensure the process is fair to the employee?

<p>A rule, procedural fairness means that before an employer makes a decision to terminate there has been a timely investigation by an appropriately qualified and unbiased investigator. (A)</p> Signup and view all the answers

What factors should employers consider as part of the contextual approach?

<p>Relevant contextual matters include the employee's length of service. (C)</p> Signup and view all the answers

What jurisprudential principle dictates that an employer’s sanction be commensurate with the employee's infraction, considering the entirety of their service?

<p>Proportionality in disciplinary repercussions. (C)</p> Signup and view all the answers

Within what framework should historical employee actions and workplace standards be appraised to ascertain if an employer's termination aligns with equitable labor practice?

<p>Contextual jurisprudence. (D)</p> Signup and view all the answers

Which tenet mandates employers to execute unbiased investigations, disclose evidentiary insights, and guarantee personnel opportunities to confront allegations that might precipitate dismissal?

<p>Procedural equity. (B)</p> Signup and view all the answers

In what manner does dishonesty in the workplace compromise the employer-employee dynamic, warranting termination upon sufficient verification?

<p>By subverting foundational trust. (D)</p> Signup and view all the answers

What strategic configuration involving policies, factual adjudication, and separation protocols maximizes the legal defensibility of employers facing employee malfeasance?

<p>Holistic dishonesty mitigation. (C)</p> Signup and view all the answers

When may contravention of explicit operational protocols that precipitates substantial detriment for the employer constitute grounds for immediate employment cessation?

<p>In singular instances of insubordination. (A)</p> Signup and view all the answers

According to prevailing arbitral standards, what conditions attenuate insolent conduct, potentially mitigating disciplinary rigor in employment disputes?

<p>Provocation by supervisors. (B)</p> Signup and view all the answers

Under what circumstances can employers justifiably terminate personnel merely for exhibiting behaviour deemed unsuitable, absent demonstrable infractions or breach of protocol?

<p>Severe incompatibility. (A)</p> Signup and view all the answers

Under what explicit condition may an employer legitimately terminate an employee for actions performed ex situ and beyond ordinary working parameters?

<p>Material compromise of business interests. (A)</p> Signup and view all the answers

What stipulations must corporate entities enforce regarding personnel use of interlinked digital media to avert legal jeopardy stemming from employee conduct?

<p>Rigorous regulatory frameworks articulating proscriptions. (A)</p> Signup and view all the answers

What obligations are imposed upon employers confronted by evidence of habitual indolence by employees, especially when disability factors augment said analysis?

<p>Proactively implement accommodating strategies. (B)</p> Signup and view all the answers

What protocol should businesses implement before enforcing disciplinary actions for workplace inebriation, especially in firms tolerating periodic alcohol consumption?

<p>Establish unequivocal parameters beforehand. (D)</p> Signup and view all the answers

What factors should corporations prioritize evaluating when employees underperform, especially those accepted over extended timeframes?

<p>Offer notice instead of firing. (C)</p> Signup and view all the answers

Which legal provision bars companies from penalizing staff who assert statutory entitlements, providing shields for whistleblowers and rights advocates?

<p>Anti-reprisal safeguards. (B)</p> Signup and view all the answers

How does condonation operate within termination law, regarding when an employer forbears response to employee misconduct, yet later seeks resolution?

<p>Invalidates grounds for terminations. (B)</p> Signup and view all the answers

During investigation of suspected employee breaches, what ethical and practical directives guide data handling to balance enterprise security against individuals privacy?

<p>Limited Data disclosure. (C)</p> Signup and view all the answers

What specific burden does common law impose, requiring management to substantiate their determinations when terminating staff on capabilities grounds?

<p>Objective Evidence. (B)</p> Signup and view all the answers

How do adjudicators assess contextual dimensions of employment to determine proportionality, relating sanctions and prior factors during dismissal disputes?

<p>Holistically considering circumstances. (C)</p> Signup and view all the answers

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?

<p>Without pejudice basis. (B)</p> Signup and view all the answers

Of the many itemized here that relate to being terminated, can one be terminated for cause while on sick leave?

<p>It is on what has been agreed on. (C)</p> Signup and view all the answers

Besides other times, is there a specific time that it would be problematic to ask about health?

<p>Before you get hired. (C)</p> Signup and view all the answers

Are they more concerned about a manager or an employee being more out of line?

<p>Much is depended with them to not be. (A)</p> Signup and view all the answers

Should a high level employee with extensive access ever have a just cause dismissal?

<p>Yes, depending on facts. (D)</p> Signup and view all the answers

If an employee's performance is grossly deficient, does an employee require all the processes?

<p>No, it is based on circumstances. (A)</p> Signup and view all the answers

Concerning an individual who is guilty on social media, what should policy have specifically written?

<p>Should not use under false name. (D)</p> Signup and view all the answers

If you are going to not agree with something being done, what isn't a good enough point to stop something?

<p>That co-workers are bad. (C)</p> Signup and view all the answers

If a situation does occur, can you have a secondary income?

<p>During company hours. (B)</p> Signup and view all the answers

An employee was intoxicated and driving their car, does all past employment record cover all?

<p>May not cover. (C)</p> Signup and view all the answers

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?

<p>Must be clearly said to one. (B)</p> Signup and view all the answers

Where on the site should people make sure to disclaim?

<p>When having anything related to those. (D)</p> Signup and view all the answers

If a company has a goal to promote themselves with children and what happens with it has them charged about it.

<p>Has the right to break those. (B)</p> Signup and view all the answers

With the way that we are proceeding, can you still do the thing or a breach in long term disability plan?

<p>It will still come back. (A)</p> Signup and view all the answers

In determining of severity, something may show it is in support of what?

<p>Threats are there. (A)</p> Signup and view all the answers

How is the workplace changed in present to avoid bullying?

<p>Has legislation. (A)</p> Signup and view all the answers

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?

<p>That was there before. (D)</p> Signup and view all the answers

Can an employer say a thing later that wasn't one before?

<p>Is able to base there. (A)</p> Signup and view all the answers

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?

<p>Yes if followed. (B)</p> Signup and view all the answers

While the employee is getting reviewed, what kind of attitude do they are they supposed to be?

<p>Must try to not be dishonest. (A)</p> Signup and view all the answers

At a company event, what do they say about people who may cross the line?

<p>Is looked to be bad. (C)</p> Signup and view all the answers

Can the employer change if to say what they made and the same?

<p>Yes not if the employee does the thing. (B)</p> Signup and view all the answers

Flashcards

Summary dismissal

Dismissal without advance notice for just cause

Onus of Proof

The employer should show that an employee breached the contract.

Balance of probabilities

More likely than not to be true

Proportionality

Any sanction must relate to the specific conduct

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Summary dismissal

Dismissal without notice, usually based on just cause

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Contextual approach

Considering the employment relationship's overall context.

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Procedural fairness

Process rights, like opportunity to respond to allegations.

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After-acquired cause

Justification based on facts discovered after dismissal.

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Without prejudice

Payment does not imply owing reasonable notice.

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Condonation

Employer doesn't respond within a reasonable time

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insubordination

Failure to follow directives from a manager

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Insolent behaviour

Rude, disrespectful attitude towards managers

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Off-duty conduct

An employee's off-hours activities damaging reputation.

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Conflict of interest

Working a second job that conflicts with the employer.

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Culpable absenteeism

Unjustified absences, often related to control.

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Innocent absenteeism

Absences from a legitimate, uncontrollable cause.

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Intoxication

Drinking during work hours or on breaks

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Incompetence

Falling below an objectively determined level of performance.

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Wrongful dismissal

A dismissal that requires reasonable notice or pay in lieu, absent just cause or an enforceable contract term for alternative notice.

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Academic Freedom Limits

The idea that academics aren't shielded from legal employment constraints.

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Principle of Just Cause 1

An employee is entitled to be made aware of responsibilities/restrictions.

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Principle of Just Cause 2

An employee is entitled to advice of their employer's dissatisfaction.

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Principle of Just Cause 5

Positions that require public trust may impose a higher standard of duty.

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Principle of Just Cause 11

An employee may be terminated for cause while on sick leave

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Justifiable Dismissal

dishonest conduct is a character flaw that will almost always justify dismissal.

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Just cause dismissal

Dismissal without advance notice only justified by a fundamental breach of contract.

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Proportionate Punishment

There's no reduction in the notice period if an offense didn't warrant immediate dismissal.

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Rules of Procedural Fairness

Employer fairly investigates allegations by a qualified, unbiased party with employee response opportunity.

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Good faith and fair dealing.

An employer must act honestly, reasonably, and forthrightly when terminating a contract.

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The Unfairness Spectrum

Bad faith setup, demotions, punitive damages

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Cautioning Just-Cause Allegations

Care is needed to avoid allegations of “just cause” without foundation, which can increase cost.

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Proportionate Misconduct Sanction

Sanctions must be balanced with the context of employment.

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Reactions to wrongdoing

The employer's actions are considered after the date misconduct.

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Dismissal timeline grounds

Dismissal can rely on conduct known after termination.

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Dishonest conduct

The revealed character must relate to duties to be grounds for dismissal.

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Acts of Dishonesty

Dishonest acts can undermine the crucial element of trust.

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Provide clear written policies

Provide clarity in writing of any rule broken in the workplace.

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Get the facts down first

Employers can receive backlash for poor investigations or harmful accusations, obtain facts first

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Isolated insubordination penalty

Lack of warning and applying progressive discipline for an isolated incident requires discipline less than notice.

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Bullying and Harassment prevention

An increasingly recognized aspect of what constitutes a healthy safe workplace.

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Threat

Honesty is needed and a great way to make people apologize.

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Good and bad character

Considered for causing significant damage.

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Employee Social Media

Employees can't state off-duty comments, but also can't make comments and do bullying statements.

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More Employee Social Media

They do need a code of conduct for employees to know what they can perform

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Absences due to Disability

If any absences result from a disability, the employer must not dismiss that.

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Sexual Harassment Policy

It helps protect those in the work from offensive conduct and civil suits

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Company Intoxication

Termination must always depend on circumstances and severity.

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Dependency on service.

Rehabilitation services time off must help, dependency affects success.

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Long standing

Performance is the one thing that helps and hurts the most.

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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
  • "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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