What is the legal test for termination without notice?
British Columbia, Canada
The following excerpt is from Strauss v. Albrico, 2007 BCSC 197 (CanLII):
However, it is necessary for the court to engage in a contextual approach, by analyzing all the circumstances surrounding an employee’s alleged misconduct, in order to determine if the dishonesty alleged amounted to just cause for termination without notice. McKinley v. B C Tel, 2001 SCC 38 sets out a two-part factual test at para. 49: 1. Does the evidence establish the employee's deceitful conduct on a balance of probabilities? 2. If so, does the nature and degree of the dishonesty warrant dismissal?
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