What is the test for determining whether an employee has been found guilty of misconduct by reason of gross misconduct?
British Columbia, Canada
The following excerpt is from Kerr v Arpac Storage Systems Corporation, 2018 BCSC 704 (CanLII):
Both the circumstances surrounding the alleged misconduct and the degree of misconduct must be carefully examined. The analysis requires a contextual approach including an examination of the category of misconduct and its possible consequences, all of the circumstances surrounding the misconduct, the nature of the particular employment contract and the status of the employee: McKinley v. BC Tel, 2001 SCC 38 at paras. 33-34, 51.
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