Dismissing staff in ‘employee-friendly’ legal environment

Think you’ve got a slam-dunk case to dismiss an employee for just cause? Think again
By Stuart Rudner
|Canadian Employment Law Today

Can you dismiss someone for cause in today’s “employee-friendly” legal environment?

The simple answer, not surprisingly, is “yes.” But it is followed immediately by a number of qualifications because it’s not as easy as some employers think. In many cases what seems like more than “just cause” to an employer will not be seen the same way by a judge. And, as a recent case shows, sometimes employers may be precluded from using powerful evidence in support of the allegation.

Last fall Justice Pitt heard the case of