What is the test for wilful conduct in a claim for wrongful dismissal?
Canada (Federal), Canada
The following excerpt is from Canada Employment Insurance Commission v Y. B., 2017 CanLII 30698 (SST):
There is misconduct when a claimant's conduct was wilful, meaning that the acts that led to the dismissal were conscious, deliberate, or intentional. In other words, there is misconduct when a claimant knew or ought to have known that their conduct was such as to impair the performance of the duties owed to their employer and that, as a result, dismissal was a real possibility – Mishibinijima v. Canada (Attorney General), 2007 FCA 36.
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