What is just cause for termination when an employee's conduct is such as to warrant dismissal?
British Columbia, Canada
The following excerpt is from Kirk v Nanaimo Literacy Association, 2018 BCSC 1217 (CanLII):
Whether an employee’s conduct is such as to warrant dismissal requires an analysis of the particular circumstances surrounding the employee’s behaviour. Factors such as the nature and degree of the misconduct, and whether it violates the “essential conditions” of the employment contract or breaches an employer’s faith in an employee must be considered in drawing conclusions concerning the existence of just cause for termination. See McKinley v. BC Tel, 2001 SCC 38, at para. 39.
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