What is LEGALLY “just cause” reasons for firing someone in Canada?
There is no comprehensive list. It’s a contextual analysis of the misconduct. In McKinley v. BC Tel, the Supreme Court of Canada held that the question is “whether, in the circumstances, the behaviour was such that the employment relationship could no longer viably subsist.” So, given the nature of the misconduct, can the employee be said to have repudiated the employment contract? Can the employer be expected to continue to employ the person? Criminal acts in the workplace – theft, fraud, assault – will usually justify termination at first instance. There are always exceptions. Breach of fiduciary duty will often justify termination. For lesser matters, breach of policy, absenteeism, insubordination, poor performance, it can be more difficult to establish cause. However, with appropriate use of progressive discipline, an employer might be able to justify termination under such circumstances. (The notion here is, even with relatively minor misconduct, if an employee continues to misbeh
