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Just Cause

When can breach of company policy amount to just cause for dismissal?

Jurisdiction: - British Columbia

In Poirier v. Wal-Mart Canada Corp. 2006 BCSC 1138, the court noted that in order for breach of company policy to constitute just cause, the following requirements must be satisfied:

  1. it has been distributed to employees;
  2. it is known to the employee affected;
  3. it is unambiguous;
  4. it is consistently enforced by the company;
  5. employees are warned that they will be dismissed should they breach the rule or policy;
  6. it is reasonable; and,
  7. the breach thereof is sufficiently serious to justify dismissal.

"Should An Employer Appeal An Employment Insurance Ruling"

Jurisdiction: - Ontario

"Should An Employer Appeal An Employment Insurance Ruling?" (March 31 2006 is the title of an article written by lawyer Stuart Rudner at Miller Thomson in Toronto.

In the article, Mr. Stuart states that the answer is "probably no'" to the following question:

If an employer dismisses an employee for just cause, and an employment insurance officer, board, or umpire decides that she was not guilty of misconduct and is therefore entitled to benefits, should the employer appeal that decision?

In addressing this issue, Mr. Rudner cites two Ontario decisions:

  1. Korenberg v. Global Wood Concepts Ltd. 2005 CanLII 46076 (ON S.C.) , and 
  2. Minott v. O'Shanter, 1999 CanLII 3686 (ON C.A.)

"Employee Discharge and Documentation in Ontario - Constructive Dismissal"

Jurisdiction: - Ontario

"Employee Discharge and Documentation in Ontario - Constructive Dismissal" (undated) is the title of a paper written by Janice Payne and Chris Rootham at the law firm Nelligan O’Brien Payne in Ottawa. The paper was written for the Lorman Education Services.

Arbitrator upholds dismissal of 19 year employee who made reference to "going postal" and obtaining shotgun

Jurisdiction: - Ontario
Sector: - Transportation

Amalgamated Transit Union, Local 113 v. Toronto Transit Commission [2005] O.L.A.A. No. 743 (Springate) (December 28, 2005)

Physical assualt justified discharge of short service employee, even though provoked by "bullying"

Jurisdiction: - Ontario

National Steel Car Ltd.  v. United Steel Workers of America, Local 7135 [2005] O.L.A.A. No. 585 (QL) (Craven) (September 30, 2005)