Just cause dismissal requires timeliness and sufficient warning

Employer listed three examples of misconduct as just cause for dismissal, but none stood up to scrutiny
|Canadian Employment Law Today|Last Updated: 01/03/2018

A Nova Scotia company’s multiple grounds for firing an employee have been shot down by the province’s labour board, leaving the company on the hook for pay in lieu of reasonable notice.

Scott Magdy joined Atlantic Truck and Equipment Repair — a commercial truck and other equipment repair business in Edwardsville, N.S. — in 2006 as a welder and general maintenance worker. He also made occasional deliveries for Atlantic.

For several years, Magdy had a good relationship with Atlantic and its owner, who considered him a good employee. Magdy had no discipline on his record, good attendance, and no performance issues. Atlantic had a policy requiring employees to report “all hazards, unsafe conditions or acts, incidents, near misses, and all injuries for first aid no matter how minor.” There was also a requirement to fill out an incident report when something happened.