Archive | Just Cause

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Steel in Context – Developments in “Just Cause”

By Andres Barker, Lawyer. Last year around this time, we blogged about the Court of Appeal’s conclusion in Steel v. Coast Capital Savings Credit Union that the employer had just cause to fire an employee who accessed a document in her manager’s personal folder. Both a majority of the Court of Appeal, and the trial […]

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Karmel v. Calgary Jewish Academy: When Cause Allegations Become Bad Faith Conduct

Lawyer Erin Brandt (nee Kizell), Contributor. At the risk of repeating ourselves (see previous posts on just cause dismissals here and here), this week’s blog post revisits the topic of just cause and the potential for financial disaster when an employer makes unfounded allegations against an employee. In a recent, high-profile employment law decision from […]

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TeBaerts v. Penta Builders Group Inc., 2015 BCSC 2008

After approximately 11 years’ employment, our client was dismissed for cause for deleting materials relating to work done by an employee who had recently resigned. The employer alleged that the deletions constituted sabotage of company property, and that our client was dishonest in her responses about the deletions. Our client’s work computer was also accessed […]

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Dhatt v. Kal Tire: Another (Difficult) Lesson in “Just Cause” for Employers

By Andres Barker, Lawyer. Within the field of employment law, the topic of “just cause” gets a lot of attention from legal bloggers. Our blog page alone offers several different posts on the subject. Part of the reason for this is the significant hurdles employers face in proving they had just cause to fire an […]

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Off-Duty Misconduct – What’s an Employer to Do?

Lawyer Erin Brandt (nee Kizell), Contributor. We thought we had missed our window to comment on the issue of employee off-duty misconduct, now that more than two months have passed since Hydro One employee Shawn Simoes was fired for his on-air harassment of a television news reporter. However, the topic is once again in the […]

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Firing for Cause: Disciplinary Action and Timely Warnings

This article by Heather Hettiarachchi discusses the 2011 case of Haddock v. Thrifty Foods, and offers lessons for employers wanting to dismiss employees for poor performance.

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Just Cause: Consider the Context

With contributions from Trevor Thomas, Lawyer. While the phrase “just cause” has become a part of the public lexicon (so much so that it has been used as the title of a popular action-adventure video game), the term actually has a specific legal meaning that few non-lawyers are fully familiar with. In fact, in our […]

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Steel v. Coast Capital Savings Credit Union: Did the Penalty Fit the Crime?

By Andres Barker, Lawyer. For the second time this year, the British Columbia Court of Appeal has ruled on the issue of whether dismissal without notice can be warranted for a single act of misconduct. (See our previous blog post on Roe v. BC Ferries for a discussion of the first.) In this blog post […]

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Roe v. BC Ferries: A trifling theft is still a theft

By Andres Barker, Lawyer. In a judgment issued earlier this year, the British Columbia Court of Appeal reversed a trial judge’s decision that a senior level employee was unjustly dismissed after giving away free food vouchers to his daughter’s sports teams. The plaintiff was the manager of the Duke Point ferry terminal for approximately 4.5 […]

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Can I Fire an Employee for Past Misconduct? What Every Employer Needs to Know About Condonation

It is a fundamental principle of wrongful dismissal law that an employer must give a dismissed employee reasonable notice of termination, or provide her with severance pay in lieu of that notice. The exception to this rule occurs when the employer has “just cause” for dismissal – in such cases, the employer can fire the […]

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