What is the test for just cause in an employment tribunal?

Ontario, Canada


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

The contextual analysis has been described as follows: Cause is determined by an objective contextual and proportional analysis. A finding of misconduct does not, by itself, give rise to just cause; the question is whether, in the circumstances, the behaviour is such that the employment relationship could no longer viably subsist. There must be a balance struck between the severity of an employee’s misconduct and the sanction imposed. The factors considered include the employee’s tenure, employment record and the seriousness of the misconduct: Foerderer v. Nova Chemicals Corporation, 2007 ABQB 349, 81 Alta. L.R. (4th) 105, at para. 151.

Other Questions


What is the test for just cause in an employment tribunal case? (British Columbia, Canada)
What is the test for determining the basis of an award in an employment tribunal case? (British Columbia, Canada)
Is dangerous working conditions just cause for leaving an employment? (Canada (Federal), Canada)
What is the test for an application for a conditional discharge from an employment tribunal? (Canada (Federal), Canada)
What is the standard of review for an employment tribunal case? (Alberta, Canada)
Can a witness at an employment tribunal be required to provide general confirmatory information? (Alberta, Canada)
What is the test for credibility in an employment tribunal? (Canada (Federal), Canada)
How have the courts treated contradictions in the testimony of an employment tribunal panel? (Canada (Federal), Canada)
What is the employee's recourse in the event of termination of employment without cause? (Saskatchewan, Canada)
What is the test for reprisal in an employment tribunal case? (Ontario, Canada)