Is an employee entitled to have his performance reviewed against his previous conduct, good or bad?
British Columbia, Canada
The following excerpt is from Dusconi v. Fujitsu-Icl Canada Inc., 1996 CanLII 2902 (BC SC):
23 In cases such as this, an employee is entitled to have his performance viewed against his previous conduct, good or bad. Where an employee has many years of exemplary service, minor lapses from the employer's requirements, not committed in wilful disregard of its wishes, will not justify dismissal for cause. The employer's contribution to a situation of stress must be considered. The blame must be apportioned by a fair assessment of all the circumstances, as was done in Roscoe v. McGavin Foods Ltd. [1983] 2 C.C.E.L. 287 (S.C.B.C.).
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