What is the test for knowing or oughting to have known that dismissal was a real possibility?
Canada (Federal), Canada
The following excerpt is from D. R. v Canada Employment Insurance Commission, 2018 SST 323 (CanLII):
The Act does not define misconduct; therefore, the Respondent is required to prove, on a balance of probabilities, the claimant knew or ought to have known that dismissal was a real possibility as a result of his behaviour (Mishibinijima v. Canada (Attorney General), 2007 FCA 36 (CanLII
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