At Grosman, Grosman & Gale, we’re experts at assessing allegations of just cause. Whether through the lens of the employer or that of the employee facing such dramatic allegations and consequences, we understand the issue from all sides. We bring balance and an objective analysis to the table and assist all parties in finding a fair outcome.
If an employer has just cause to terminate an individual’s employment, that person is not entitled to either notice of the termination or compensation in lieu of notice (a severance package). The onus is on the employer to establish that the individual’s workplace misconduct or behaviour was sufficiently severe so as to warrant dismissal without compensation or appropriate notice.
The Supreme Court of Canada favours a contextual analysis of the issue. It requires employers to first consider the nature and degree of misconduct (which can be proven), and then to consider it in the context of the total employment relationship.
From that standpoint, they must assess whether another form of discipline – something short of termination for just cause – is more appropriate in the circumstances.
We will assess your particular circumstances and provide our opinion.