Source: Legal Definition of Just Cause provided by Duhaime’s Law Dictionary. An employee may be terminated for cause for engaging in serious misconduct. Consult one of our experienced Employment lawyers at Raven, Cameron, Ballantyne and Yazbeck LLP if you have been terminated from your employment. Of course, this list is not exhaustive, and many other factors (such as inducement), can be considered. Our firm has also seen several clients taken to the Ministry of Labour based upon allegations of unpaid overtime. Many of our clients are based in the United States or Europe, where the employment laws are quite different. In this case, you will want to seek an experienced employment lawyer. Simply advising that accommodation is “not possible”, without any documentation of a legitimate assessment, will not be enough. Given the seriousness of allegations of theft or fraud, the employer must also give an employee an opportunity to provide a reasonable explanation for his conduct. Document performance concerns, misconduct, disciplinary actions, requests for accommodation, and anything else that may become contentious. Unfortunately, both sides tend to overlook the fact that the employment relationship is based upon a legal contract, and that while everything might be good in the “honeymoon phase”, disputes can arise and it is very difficult to pursue a claim, or defend against one, without any documentation. Obviously, the ability to demonstrate just cause can be critical. Stuart is the author of a leading text on Summary Dismissal as well as chapters in four other books. For example, lying to your employer about an important qualification for the position can constitute just cause for dismissal. Just Cause for Dismissal in Canada, which discusses the law regarding when individuals can be dismissed for cause. It is highly recommended that you always contact an experienced employment lawyer prior to termination of an employee. Examples may include sexual harassment or assault of a co-worker and off-duty criminal conduct which is prejudicial to the employer’s reputation. Termination for Just Cause may be valid based on the following examples: But is Termination for Cause as straightforward as you would like? Do you have an employee that is causing ongoing frustration due to their workplace behavior and performance? Documenting Evidence – Top 12 Best Practice Guidelines you Must Know! Furthermore, if an employer alleges just cause and then loses a wrongful dismissal suit, they will be liable for all pay in lieu of notice, possibly other damages if a court finds that they acted in bad faith, their own legal fees, and a portion of the employee’s. Physical evidence such as pictures and messages, Stealing money or products from the organization, Lying or deceiving within the organization, Violence towards other employees or customers, Being under the influence of drugs on the job, Viewing inappropriate websites at work, including pornography or illegal material. This will include situations in which you have breached your terms of employment either through misconduct, disobedience, or incompetence. 2. They then broach the issue of whether they can do so for cause, at which point we ask them to send us the employee’s file. His firm was named one of the Top 3 Employment Law Firms in the country. In the course of explaining Canadian Employment Law, we stress the need for documentation, and the value that an employee’s “file” can have when issues arise. Your employer can, however, terminate your employment without any notice if it has “ “just cause” to do so. Otherwise, the lack of documentation will almost inevitably weaken your case if your actions are challenged. Those of you who work with Employment Lawyers will have heard this before: the best thing that an employer can do is to “Document, Document, Document!”. “Reasonable notice” can be extensive. Contextual Approach to Just Cause for Termination Courts are very protective of employees, whether in the context of dismissal, accommodation, or otherwise. Failure to perform your duties can lead to dismissal. In the vast majority of cases, what we receive is a file that does not contain a single negative comment. I am the author of You’re Fired! We work with both employers and employees. What constitutes just cause depends on a number of factors. Acts of dishonesty may therefore constitute just cause for dismissal depending on the context and the circumstances of the case. Whether or not you have a written employment contract, you have an obligation to perform your employment duties. Just Cause for Dismissal in Canada, How to Organize HR Files in an Electronic Document Management System. ], Julia Williams Presents on Human Rights Issues in Job Interviews, David Yazbeck Appears Before Standing Committee on Industry, Science and Technology, James Cameron to Present on Public Service Terminations. An employer may not terminate you simply because he is dissatisfied with your performance. As you can see from the above example, the laws in your region may not be clear on when you can fire a employee for cause. The threshold is high, and no indication of any concern order to determine if there no... Software Solutions Inc. | all rights Reserved United States or Europe, where the employment laws are quite.. Share this InfoGraphic on your site or blog, but it can be critical the threshold is high, the... Of an employee can, however, terminate your employment i am the of! 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