What is the test for just cause in an employment tribunal case?
British Columbia, Canada
The following excerpt is from Smith v. Centra Windows Ltd., 2009 BCSC 606 (CanLII):
A determination of just cause requires a contextual approach to the alleged failure of the employee: McKinley v. BC Tel, 2001 SCC 38, [2001] 2 S.C.R. 161. The question is whether the conduct of the employee was of a “nature and degree” that warranted dismissal.
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