The following excerpt is from Render v. ThyssenKrupp Elevator (Canada) Limited, 2019 ONSC 7460 (CanLII):
Underlying the contextual analysis is the principle of proportionality. An effective balance must be struck between the severity of an employee’s misconduct and the sanction imposed: McKinley v. BC Tel, at para. 53.
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.