What is the burden of just cause for a plaintiff to terminate a defendant employee?

British Columbia, Canada


The following excerpt is from Scorpio Security Inc. v Jain, 2018 BCSC 978 (CanLII):

The plaintiff bears the burden of establishing that it had just cause for the defendant’s termination, given that no notice period was provided: Horvath v. SAAN Stores Ltd., 2003 BCSC 1845 at para. 2.

Other Questions


Can an employee be terminated without cause if the employee has not been given reasonable notice? (British Columbia, Canada)
What is the burden of just cause for a plaintiff to be terminated? (British Columbia, Canada)
Can an employer terminate an employee for cause if the employee acts dishonestly? (British Columbia, Canada)
What is the burden on a defendant to prove that a plaintiff has not followed a recommended course of medical treatment? (British Columbia, Canada)
Is a plaintiff entitled to recover damages from a defendant for damage caused to his back? (British Columbia, Canada)
Is there any ambiguity in clause 16 of a contract that provides severance pay for employees who are terminated without just cause? (British Columbia, Canada)
What is the burden of proof on an employer who is pleading just cause for termination? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for causing a plaintiff’s injury? (British Columbia, Canada)
Can a defendant be liable for causing nervous shock and physical injury to a plaintiff by falsely claiming that her husband had been injured in an accident? (British Columbia, Canada)
What is the test for establishing that a defendant caused, or contributed to, a plaintiff's symptoms? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.