Module 6 - Common Reasons for Termination

Question 1

Context

Answer 1

The principle that any disciplinary action taken against an employee must be reasonable within the context of the entire employment relationship.

Question 2

Conflict of Interest

Answer 2

An outside interest that negatively impacts an employee’s ability to perform their job, or casts doubt on his or her motivation to do so.

Question 3

Proportionality

Answer 3

The principle that any disciplinary action taken against an employee should be commensurate to the employee’s misconduct.

Question 4

Do the courts tilt towards employees or employers regarding termination with cause?

Answer 4

Heavily in employee’s favour

Question 5

What are 7 common reasons to fire an employee due to just cause?

Answer 5

1. Dishonesty
2. Theft
3. Conflict of Interest
4. Disobedience
5. Tardiness
6. Sexual Harassment
7. Insolence and Insubordination

Question 6

What are 2 court approaches used to justify termination with just cause?

Answer 6

1. Proportionality

2. Context

Question 7

What is the famous case that gives and example of contextual approach?

Answer 7

McKinley v. BCTel

Question 8

What are the 3 factors to consider in assessing context?

Answer 8

1. The employee’s disciplinary and performance history;
2. Their length of service; and
3. Any and all mitigating factors, including personal
   factors, that may have impacted or influenced the employee’s conduct.

Question 9

What helps justifying termination with cause?

Answer 9

Repeated pattern of behaviour as documented in an employees progressive disciplinary history

Question 10

What can justify single incidents of just cause termination?

Answer 10

1. Sexual harassment in cases where a supervisor would exert their power over their employees
2. Especially graphic or heinous acts of sexual misconduct

Question 11

What do the courts treat one of the worst forms of employee misconduct?

Answer 11

Sexual Harassment

Question 12

What is conflict of interest?

Answer 12

When an employee has a business interest, an investment, or a side job that conflicts with the employer’s business interests

Question 13

What are 3 things that employer’s must have to justify terminating an employee with cause due to conflict of interest?

Answer 13

1. A clear policy
2. Understanding and awareness that it could result in dismissal
3. Potential to harm employer’s business interests

Question 14

Insolence and Insubordination

Answer 14

Behaviour by the employee where they refuse to follow reasonable instructions, act in a rude or abrasive manner, or simply do not demonstrate the adequate level of respect to the employer.

Question 15

What can be problematic especially if it affects others in the workplace?

Answer 15

Insubordination

Question 16

What do courts look for when evaluating cases for insolence and insubordination?

Answer 16

1. Totality of the incident
2. Any attempts by the employer to salvage the employment relationship
3. Any attempts to rectify the employee’s behaviour

Question 17

What are 2 things that are required to justify termination with cause regarding insolence and insubordination?

Answer 17

1. Pattern of bad behaviour

2. Financial loss on the employer

Question 18

What is considered a fundamental breach of trust?

Answer 18

Dishonesty

Question 19

What are 3 things that may constitute termination with just cause for dishonesty?

Answer 19

1. The dishonesty caused a of violation in a condition of the employment contract
2. The dishonesty caused a breach in the bond trust between employer and employee
3. The dishonesty was fundamentally inconsistent to the employee’s obligations to their employer

Question 20

What increases the odds of proving just cause?

Answer 20

Good and consistent track of the employee’s progressive disciplinary history that establishes repeated pattern of behaviour