Employment legislation does not define “just cause”, making it difficult for employers to determine if it exists. In order for an employee to be dismissed for just cause, their misconduct must result in the employment relationship and the employer’s trust being harmed irreparably.
A Termination With Cause may be suitable when there is a clear and fair reason to end the employment relationship that is simple to prove. For example, an employee has stolen company property and the theft has been caught on camera. Employment legislation does not require the payment of wages in lieu of notice or severance where the termination is for just cause.
Given its complicated nature, we strongly recommend seeking legal advice prior to making the decision to terminate an employee to determine whether or not “just cause” has occurred.
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