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Insubordination and just cause dismissal: considerations for employers
  • Lawson Lundell LLP
  • Canada
  • November 8 2011

...We all know that the employment relationship can involve some give and take...

When is dishonesty just cause for dismissal?
  • Fasken
  • Canada
  • February 4 2015

...A recent appeal court decision reaffirmed that dishonest conduct may be just cause for termination. To determine if it is just cause, the conduct must be assessed looking at the whole context...

“Eleventh hour claim of just cause” rejected by court: witnesses “tailored” evidence
  • Dentons
  • Canada
  • June 19 2012

...An Ontario judge has rejected a just cause defence raised by an employer two and a half years after the employee was dismissed. The company alleged that the plaintiff, a sales manager, made...

When do performance problems amount to just cause?
  • McCarthy Tétrault LLP
  • Canada
  • February 20 2012

...Our courts continue to emphasize how difficult it is to establish just cause for termination based on performance. A recent case made it clear that any such termination must be preceded by a very...

Court confirms just cause at common law does not automatically disentitle dismissed employee to statutory termination and severance pay
  • Miller Thomson LLP
  • Canada
  • April 7 2011

...The Ontario Superior Court of Justice has recently confirmed that an employee who is terminated for just cause at common law is not automatically disentitled to statutory termination and severance...

No just cause for employee punch
  • Norton Rose Fulbright
  • Canada
  • January 9 2015

...In the recent decision of Phanlouvong v Northfield Metal Products (1994) Ltd, 2014 ONSC 6585, the Ontario Superior Court considered an incident of workplace violence to not provide just cause...

British Columbia employment law overview
  • DLA Piper
  • Canada
  • April 2 2013

...cause, or b with working notice (or pay in lieu of notice). Just Cause Just cause is misconduct which goes to the heart of the employment relationship. An employer who has just cause to end the employment...

Just cause dishonesty, breach of contract, good faith
  • McCarthy Tétrault LLP
  • Canada
  • June 21 2012

...It is always difficult for an employer to prove just cause. In an earlier post, we discussed performance based just cause. This post looks at a recent case from British Columbia that found just cause...

Without cause dismissals permitted under the Canada Labour Code
  • Norton Rose Fulbright
  • Canada
  • August 16 2013

...non-union employees without just cause. The decision affects thousands of employees working in federally regulated industries, such as telecommunications, broadcasting, banking, and railways...

Do you have just cause?
  • Goldman Sloan Nash & Haber LLP
  • Canada
  • June 7 2013

...Why do employers invoke just cause as a defense to a wrongful dismissal action? Sometimes the employee’s behaviour is so egregious that the employer feels that it has no choice. In other instances...