What is the burden of proving cause for an employee's discharge?
Ontario, Canada
The following excerpt is from Dennis v. Ontario Lottery and Gaming Corporation, 2014 ONSC 3882 (CanLII):
The employer bears the onus of demonstrating that cause exists for an employee’s discharge. This must be proven on a balance of probability based on findings of real incompetence or misconduct rather than simple dissatisfaction with performance or concern about potential misconduct. Geluch v. Rosedale Golf Assn., Ltd. 2004 CanLII 14566 (ON SC), [2004] O.J. No. 2740 (S.C.) at para. 85 and 153.
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