What is the test for determining the severity of an employee's misconduct?

Ontario, Canada


The following excerpt is from Render v. ThyssenKrupp Elevator (Canada) Limited, 2019 ONSC 7460 (CanLII):

Underlying the contextual analysis is the principle of proportionality. An effective balance must be struck between the severity of an employee’s misconduct and the sanction imposed: McKinley v. BC Tel, at para. 53.

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