What is the test for termination of an employee on the basis of just cause?
British Columbia, Canada
The following excerpt is from Nardulli v. C-W Agencies Inc., 2012 BCSC 1686 (CanLII):
In cases concerning the termination of an employee on the basis of just cause, the employer must demonstrate that the employee, by reason of the alleged misconduct, has repudiated the employment contract or one of its essential conditions: McKinley v. BC Tel, 2001 SCC 38 at para. 33.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an employee be terminated without cause if the employee has not been given reasonable notice? (British Columbia, Canada)
Can an employer terminate an employee for cause if the employee acts dishonestly? (British Columbia, Canada)
Can a management who makes defamatory statements to an employee in a termination letter and copy that letter to other employees be protected by qualified privilege? (British Columbia, Canada)
What is just cause for termination when an employee's conduct is such as to warrant dismissal? (British Columbia, Canada)
What is the quantum of damages for breach of contract when an employee is terminated for cause rather than for pay? (British Columbia, Canada)
What is the test for terminating an employee without cause? (British Columbia, Canada)
Can knowledge of a cause of cause be used as grounds for cause of dismissal? (British Columbia, Canada)
Is there any ambiguity in clause 16 of a contract that provides severance pay for employees who are terminated without just cause? (British Columbia, Canada)
What is the burden of just cause for a plaintiff to terminate a defendant employee? (British Columbia, Canada)
Can an employer terminate an employee for refusing to accept a raise if the employee takes the position that unless he receives a raise by a certain date? (British Columbia, Canada)
