Module 5 - Termination With Cause Flashcards
On what basis is termination with cause based on?
Legal reasons of just cause evaluated by the courts heavily influenced by common law
What are some reasons an employee can be terminated for just cause?
Unacceptable behaviour that caused significant impact to the employer-employee relationship and the employer’s ability to generate income
- Willful misconduct
- Disobedience
- Willful neglect of duty
What types of misconduct could justify termination with cause?
- Single act or sustained pattern of willful misconduct from the employee
- Behaviour should not be trivial in nature
- Employer should not have condoned the behaviour (not fail to take action and documented such behaviour towards progressive discipline)
Progressive Discipline
An escalating series of punishments designed to correct an employee’s poor behaviour or performance in the workplace
Condone
The act of allowing poor or inappropriate behaviour to continue in the workplace by failing to reprimand or implement consequences of inappropriate behaviour.
Willful Misconduct
Poor behaviour on the part of an employee that may provide the employer with a justified termination. It is generally assessed on a case by case basis.