Chapter 14

Question 1

What is the only reason an employee can be dismissed without advance notice or pay in lieu of notice?

Answer 1

for just cause

Question 2

What is ‘‘just cause’’?

Answer 2

Misconduct or incompetence so extreme that it =

repudiation of the employment contract

Question 3

Explain procedural fairness

Answer 3

1.Investigate allegations thoroughly and promptly
2. Keep investigations confidential
3. Fully inform employee of the allegations
4. Give employee full opportunity to explain conduct and respond to allegations (and keep open mind)
5. Make sanction proportionate to offence (follow own policies)
6. Act in good faith (don’t assume guilt)
7. Consider extenuating circumstances and context

Question 4

explain the seriousness of dishonesty

Answer 4

it undermines the crucial elements of trust that should exist between an employee and an employer.
Ex: fraud (submitting inaccurate claims for overtime or sick leave benefits), accepting kickbacks from suppliers,
stealing company property.
* Courts apply the contextual approach to assess whether an employee’s dishonest conduct was serious enough to warrant dismissal without notice.

Question 5

Explain the seriousness of Insolence and Insubordination

Answer 5

A single act of insubordination provides just cause for
termination.
Ex: assault on a supervisor; deliberate contravention of an important employment policy that results in a significant loss for an employer.

Question 6

Why can incompatibility be a problem and is this enough for just cause termination?

Answer 6

Difficult to dismiss an employee simply
because they do not fit in or has personal habits
that are considered somewhat unpleasant.
-usually too vague, however, the courts can upheld dismissals based on an employee’s incompatibility with the dominant workplace culture

Question 7

When can Off-duty conduct be reason for just cause termination? What does it depend on?

Answer 7

• if an employer can demonstrate that an employee’s off-duty conduct harmed its business or reputation.
• depend on the employee’s position, the nature of the off-duty conduct, and how the matter reflects on the employer’s business.

Question 8

What are the important facts of disobedience?

Answer 8

• A single act of disobedience will not constitute just cause for dismissal unless it is deliberate, entails no elements of misunderstanding on the employee’s part, and causes substantial harm to the employer.
• Courts are reluctant to find just cause where an act of disobedience is an isolated occurrence and reflects poor judgment rather than an intention to disobey an employer’s policies.
• best dealt through progressive discipline

Question 9

Can sexual harassment be subject to just cause termination without progressive discipline?

Answer 9

Yes, especially if the act is on a supervisor but other types of sexual harassment, such as offensive humour or comments, warrants progressive discipline.

Question 10

What is important to know about intoxication?

Answer 10

1. Be aware of substance abuse problems
   as a disability.
2. A single violation in a non safety-sensitive job will probably not be considered just cause for dismissal.
3. rehabilitation programs should be put in place like disability states
4. case-by-case basis

Question 11

What is important to know about substance abuse?

Answer 11

1. considered to be a disability and therefore a prohibited ground of discrimination.
2. must accommodate the employee to the point of undue hardship
3. providing rehabilitation services or allowing time off to attend such.

Question 12

Explain incompetence and if it can be a subject to just cause termination

Answer 12

Yes, it can be just cause and it is one of the most common reason for dismissing an employee.
*An employer must show that an employee has fallen
below an objectively determined level of performance
and that the problem lies with the employee, not with
other factors (such as lack of training).

Question 13

What are some examples of Grounds for Summary Dismissal?

Answer 13

-Theft/fraud/dishonest*
-Insolence
-Insubordination
-Incompetence
-Costing er money
-Affecting morale of coworkers
-Harming er’s reputation
-Lateness/absenteeism
-Breach of policy
-Conflict of interest
-Sexual harassment
-Off-duty conduct
-Competing with er
-Breach of trust
-(Threats of) Violence
**Usually more than one
incident required