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Just Cause

"Conducting A Harassment Investigation, The Do's and Don'ts"

Alberta lawyer Carolyn Hutniak has prepared some useful guidelines for employers on "Conducting A Harassment Investigation, The Do's and Don'ts" (undated).

The Top 10 Canadian court cases on wrongful dismissal and employment law

For an upcoming audio conference, Lancaster House has listed what it believes are the Top 10 Canadian cases (actually 13) on wrongful dismissal and employment law. In no particular order, it appears, the cases and the issues they address are:  read more »

No just cause for dismissal but notice limited to that set out in the Associate Handbook

Jurisdiction: - British Columbia
Sector: - Retail Trade

Arasteh v. Best Buy Canada Ltd., 2010 BCSC 48

(Note: In a recent Saskatchewan case - Fox v. Silver Sage Housing Corporation, 2008 SKQB 321 - it was found that an employee was not bound by the termination provisions in a policy manual that had been introduced 13 years after he commenced employment.)

Employee’s refusal to extend Return to Work Agreement, acknowledge alcohol dependency, not just cause

In Taylor v. New Westminster (City) (Vancouver Registry S084283, August 19, 2009), the court found that the employer did not have just cause to dismiss an employee who refused to sign an extension to a Return to Work Agreement that required him to acknowledge that he had an alcohol dependency.

Background

At the time of his dismissal, the employee was 54 years old, had 16 years of service and earned a salary of approximately $90,000 per annum. He was Manager of Fleet Services, a safety sensitive position in that he supervised a team of mechanics who performed maintenance and repair work on the employer's various vehicles, including those for the fire and police departments.

Until February 2007, the employee had "an excellent work history" and the employer had "no concerns about his safety in the workplace" (para. 9).

The Incident  read more »

"The Wrongful Dismissal Manual"

Fraser Milner Casgrain LLP has published "The Wrongful Dismissal Manual" (October 2009), which is "designed to provide employers with guidance on the general statutoryand common law principles applicable whenever an employee's employment is terminated in Canada's four main business jurisdictions: British Columbia, Alberta, Ontario and Quebec."

NBCA upholds dismissal for cause where supervisor repeatedly viewed pornography on work computer

Jurisdiction: - New Brunswick
Sector: - Manufacturing

In Backman v. Maritime Paper Products Limited, a body corporate, 2009 NBCA 6, the New Brunswick Court of Appeal upheld the dismissal for just cause of a supervisory employee who repeatedly viewed internet pornography on his work computer. In doing so, the court reveiwed the law relating to the doctrine of condonation.

Background

At the time of his dismissal, the supervisory employee had 14 years of service and was earning a salary of $53,000 per year.

The employer had implemented an "Acceptable Use Policy" in 2002 relating to email and internet use. It prohibited the viewing of unprofessional, harassing, offensive or obscene material on company equipment. 

The employee had received written warnings in 2002 and 2003 for accessing pornographic websites. The second warning stated in clear language that any further incidents "will result in the immediate termination of your employment".  read more »