Being specific on just cause for dismissal

If an employment agreement has examples of misconduct, can the employer automatically dismiss a misbehaving worker without notice?
By Colin Gibson
|Canadian HR Reporter|Last Updated: 07/31/2019

Question: If an employment agreement has specific examples of misconduct that constitute just cause for dismissal, can the employer automatically dismiss employees without notice if they are guilty of that misconduct?

Answer: Just cause for summary dismissal is normally difficult to prove. In the 2001 case McKinley v. BC Tel, the Supreme Court of Canada described just cause as serious misconduct that gives rise to a breakdown in the employment relationship.

Just cause will exist where an employee’s behaviour violated an essential condition of the employment contract, breached the faith inherent in the work relationship or was fundamentally or directly inconsistent with the employee’s obligations to the employer.