Employment Law: Just Cause Overview

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Questions and Answers

What element of the employment relationship does dishonesty primarily undermine?

Employee morale

Workplace safety

Trust (correct)

Job performance

Which of the following is a characteristic of insubordination necessary for just cause dismissal?

Lack of punctuality

A pattern of insubordination or insolence (correct)

Occasional refusal to follow instructions

Mild disrespect towards supervisors

In the context of employment, how is incompatibility typically viewed?

As a reasonable cause for performance reviews

As vague and insufficient for just cause dismissal (correct)

As a clear reason for disciplinary action

As a valid reason for immediate termination

What must an employer demonstrate when misconduct occurs outside the workplace?

That the misconduct harmed its business Signup and view all the answers

For serious cases of sexual harassment, what is generally the advisable course of action?

Dismissal for just cause Signup and view all the answers

Who bears the onus of proof in cases of alleged misconduct by an employee?

The employer Signup and view all the answers

What is the standard of proof required when an employer alleges misconduct of a criminal nature?

Clear, cogent, and convincing Signup and view all the answers

What does the term 'just cause' imply regarding termination?

Complete justification or none at all Signup and view all the answers

What does a proportional response by an employer entail?

Considering context and overall employment relationship Signup and view all the answers

Under what circumstances can an employer discipline an employee for intoxication?

If the employee violates a substance use policy without addiction disability or safety sensitivity Signup and view all the answers

What factors should an employer consider when assessing employee misconduct?

Context, previous behavior, and employee's response Signup and view all the answers

What is required before an employer can dismiss an employee for incompetence?

The employer must establish an objective standard of performance Signup and view all the answers

What must be true for summary dismissal for serious misconduct?

It must be based on a single, severe incident Signup and view all the answers

What can an employer not do when dealing with an employee's poor performance?

Condone the behavior at first and then later use it as a reason for dismissal Signup and view all the answers

Which of the following represents a key aspect of procedural fairness?

Allowing employees to respond to allegations Signup and view all the answers

What could indicate an employee's level of remorse during a misconduct investigation?

Their reaction when confronted with allegations Signup and view all the answers

Which of the following must be communicated to an employee in terms of performance standards?

The level of performance required for their position Signup and view all the answers

When an employee's substance use arises from addiction, what must the employer do?

Accommodate the employee as long as it doesn’t create undue hardship Signup and view all the answers

What happens if the employee's performance is grossly deficient?

The employer may not need to provide prior warnings before dismissal Signup and view all the answers

What constitutes undue hardship in accommodating an addicted employee?

Significant financial strain placed on the organization Signup and view all the answers

What must an employer demonstrate if dismissing an employee for incompetence?

That sufficient time was given to correct the situation Signup and view all the answers

Study Notes

Just Cause in Employment Termination

Dishonesty
- Must undermine trust in the employment relationship (McKinley v BC Tel).
Insolence
- Requires a pattern of insubordination or insolence to be established.
Incompatibility
- Often too vague to serve as just cause for dismissal.

Off-Duty Conduct

Employers must demonstrate that off-duty misconduct adversely affected the business.

Conflict of Interest

A conflict arises when an employee’s actions harm the employer's interests, reflecting a breach of loyalty.

Sexual Harassment

Typically addressed through progressive discipline, but serious cases may result in immediate dismissal.

Absenteeism

Culpable Absenteeism
- Considered blameworthy absence; employers must enforce attendance policies and implement progressive discipline.
Innocent Absenteeism
- Occurs due to uncontrollable circumstances; reasonable accommodations required for disabilities until undue hardship is reached.
- Potential dismissal is an option if the employee cannot resume regular work.

Onus of Proof

Employers bear the burden of proof to show fundamental breach of contract by the employee.
Higher standard of proof (clear, cogent, convincing) applies when alleging criminal misconduct.
Just cause means no entitlement to notice or pay if discharge does not satisfy just cause criteria.

Proportionality and Contextual Approach

Employer sanctions must be proportional to the misconduct; context matters.
Significant misconduct may justify immediate dismissal, while lesser misconduct often requires a pattern.

Procedural Fairness

Investigations must be thorough, prompt, performed in good faith, and confidential.
Employees should be allowed to respond to allegations, potentially revealing reasonable explanations or extenuating circumstances.
Evaluation of misconduct should consider planning, employee's remorse, and past disciplinary records.

Intoxication and Substance Use

Intoxication
- Progressive discipline typically applies unless the employee suffers from addiction or works in a safety-sensitive position.
Substance Abuse
- Employers cannot penalize addicted employees; accommodations should be made until undue hardship arises.

Incompetence

Requires proof of serious misconduct or low performance, not just employer dissatisfaction.
Performance must be evaluated against clear standards with adequate communication, support, and reasonable time for improvement.
Employers can't ignore behavior and later cite it for dismissal; consistency in addressing performance is critical.

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Description

This quiz covers the important aspects of just cause in employment law, including dishonesty, insolence, incompatibility, and off-duty conduct. Understand the principles and legal precedents that govern these areas to better navigate employment relationships.