Just Cause - Articles & Videos
Condonation Requires Full Disclosure
An employee who owes a fiduciary duty to their employer is not entitled to just do as they are told by the dominant shareholder. Their duty is to their employer (the company) and not to any one shareholder.
To Record or Not to Record
You have probably heard of the Omarosa / Trump story by now. Put simply, reality TV star and former White House special assistant Omarosa Manigault Newman surreptitiously recorded conversations between President Trump and Chief of Staff John Kelly. While we do not know how the recordings were captured, this does raise questions about whether employees can – and more importantly, whether they should – record conversations in their workplace.
Drinking and Driving May NOT be Cause for Dismissal
Previous court decisions have confirmed that an employee’s conduct outside of work may form the basis for the termination of their employment. However, not all misconduct outside of work will constitute just cause, as confirmed in the recent British Columbia Supreme Court case of Klonteig v. District of West Kelowna, 2018 BCSC 124.
Inquire Before You Fire
Employer ordered to pay aggravated damages for refusing to listen employee’s side of the story before firing him Termination of…
Workplace Romance
Valentine’s Day is fast approaching, and we will soon start to see flowers and other tokens of affection popping up…
Bus driver fired after police caught her using her cellphone while behind the wheel
Just Cause for Dismissal? This Fall, a daycare bus driver in Surrey, BC was fired after the police caught her…
The fork in the road: after-acquired cause for dismissal
In Canada, employers can dismiss employees in one of two ways: with cause or without cause. If an employer dismisses…
After-Acquired Cause for Dismissal: What Employers Don’t Know Might Help Them
EMPLOYERS: Imagine that you dismiss an employee on without cause basis, perhaps as part of a restructuring, offer them a…
Investigating just cause
Some form of investigation should be undertaken before summary dismissal is imposed In recent years, I have frequently commented that…
The Need for Clear Warning Before Dismissal
As my latest First Reference Talks blog post recounts, I have often discussed the need for warnings in the context…