When determining just cause for dismissal of an employee, is the employee’s misconduct justified?

When examining whether an employee’s misconduct (dishonesty or insubordination, for example) justifies his or her dismissal, courts have often considered the context of the alleged misconduct. Within this analysis, a finding of misconduct does not, by itself, give rise to just cause. Rather, the question to be addressed is whether, in the circumstances, the behaviour was such that the employment relationship could no longer viably subsist. Thus, applying a contextual approach, the court must examine each case on its own particular facts and circumstances, and consider the nature and seriousness of the misconduct in order to assess whether it is reconcilable with sustaining the employment relationship. See McKinley v. BC Tel, 2001 SCC 38, [2001] 2 S.C.R. 161, at paras. 29, 51 and 57.