Tag archives: just cause

What protection do employees have against discrimination on the ground of age in Québec?

Both the Québec Charter of Human Rights and Freedoms (Québec Charter) as well as the Canadian Charter of Rights and Freedoms (Canadian Charter) provide for the right not to be discriminated against on the ground of age. In the context of employment, the Québec Charter prohibits discrimination based on age with respect to the hiring, … Continue reading

Federally regulated employers can now terminate without just cause

By Michael Torrance on March 5, 2015 Posted in Canada

The recent Federal Court of Appeal decision in Wilson v Atomic Energy of Canada Limited addressed the long-standing question of whether federally regulated employers under the Canada Labour Code can terminate employees without just cause. Judge Stratas at the Federal Court of Appeal found that federally regulated employers may dismiss employees without cause upon reasonable notice … Continue reading

Lying about absence gives just cause for termination, says Alberta Court of Appeal overturning arbitrator

By Michael Torrance on January 16, 2015 Posted in Canada

In Telus Communications Inc. v Telecommunications Workers Union, an Alberta Court of Queen’s Bench chambers judge quashed the decision of an arbitrator, upholding termination of a grievor terminated for dishonesty surrounding an absence from work. The decision was later upheld by the Alberta Court of Appeal. The grievor had been denied a request for a day off … Continue reading

No Just Cause for Employee Punch

By Michael Torrance on January 9, 2015 Posted in Canada

In the recent decision of Phanlouvong v Northfield Metal Products (1994) Ltd, 2014 ONSC 6585, the Ontario Superior Court considered an incident of workplace violence to not provide just cause for dismissal. The employee in question was terminated for cause and without notice after a workplace incident in which the employee punched another employee in the face. … Continue reading

Dismissal Upheld for Dishonesty and Cover Up of Safety Risks

By Michael Torrance on September 15, 2014 Posted in Canada

In a recent arbitration decision involving a utility company, an Ontario arbitrator reiterated the importance of trust in the employment relationship and upheld the dismissal of a seven-and-a-half-year employee with no disciplinary history for covering up a safety violation. Facts On October 9, 2012 the grievor, a supervisor, was working with his team to remove gaskets from an old generator. It … Continue reading

Post-termination Evidence of Dishonesty Substantiates Just Cause

By Michael Torrance on July 4, 2014 Posted in Canada

A recent decision in British Columbia has found post-termination evidence of just cause for dishonesty discovered in an investigation of an employee that occurred following his termination. The plaintiff in this case was responsible for managing the company’s day-to-day finances and its administrative staff. The Plaintiff had 40 years of experience as an accountant and had worked at the Defendant … Continue reading