Go directly to dismissal

Employee’s insubordination and alteration of confidential information enough to bypass progressive disciplinary process
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 03/21/2016

Progressive discipline is a key concept in the law of dismissal and discipline. Generally, it takes a lot to warrant just cause for dismissal. When an employee is guilty of misconduct or poor performance, employers must usually give the employee warning that such misconduct isn’t acceptable, giving the employee a chance to improve. Only if the employee doesn’t improve or as multiple instances of misconduct is there just cause for dismissal.

Insubordination is one type of misconduct that is sometimes considered serious enough for the employer to terminate employment, though not always. But if the employee directly disobeys a superior’s orders in order to cover up other misconduct, then dismissal is likely an acceptable route to take for the employer.