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Just Cause

"Is Excessive Internet Use Time Theft?"

"Is Excessive Internet Use Time Theft?" (May 16, 2012) is the subject of the latest HR Space bulletin from law firm Faskens. It was written by Hadiya J. Roderique.

The bulletin discusses a labour arbitration award and a decision of the Public Service Labour Relations Board, that were both issued in late 2011:

  1. Andrews v. Deputy Head (Department of Citizenship and Immigration)  2011 PSLRB 100  (August 2011); and
  2. Health Sciences Association of British Columbia v. Health Employers' Association of British Columbia  [2011] B.C.C.A.A.A. No. 125 (Glass) 

BCCA upholds ruling that disrespectful, inflammatory letter from employee's lawyer provided just cause

Jurisdiction: - British Columbia

In Grewal v. Khalsa Credit Union, 2012 BCCA 56, the BC Court of Appeal dismissed the appeal of a former branch manager at the Khalsa Credit Union. 

In a May 2011 decision, the trial court had ruled that a disrespectful, inflammatory letter from the employee's lawyer had "tipped the balance" in favour of  the employer having just cause for termination. The trial court's decision can be found here.

Dismissal for just cause referred to as the "capital punishment" of employment law

Jurisdiction: - Ontario
Sector: - Manufacturing

In this passage in Plester v. Polyone Canada Inc., 2011 ONSC 6068, the court stated that just cause dismissals have been referred to as the "capital punishment" of Canadian employment law:

[32]           The law of employment in Canada requires employers to provide adequate notice before dismissing an employee. Where the employer wishes to dismiss n employee summarily, on the basis of misconduct, the onus is on the employer to show just cause.  read more »