Reasonable belief of facts is insufficient

An employer must prove that the facts did exist to justify a dismissal for cause
|Canadian Employment Law Today

Abdul Kazemzadeh was employed by Great Canadian Casinos as a dealer/supervisor (otherwise known as a “pit boss”). After eight years of service Mr. Kazemzadeh’s employment was terminated, allegedly for cause as a result of events on Sept. 1, 1999. Mr. Kazemzadeh brought an action against Great Canadian Casinos for wrongful dismissal and challenged the allegation of just cause.

Great Canadian Casinos based its justification of Mr. Kazemzadeh’s dismissal on his repeated violation of its policy with respect to complimentary drinks for patrons. The casino’s policy permits pit bosses to order complimentary drinks for the players. The drinks were “on the house” and not charged back to the personal account of the pit boss. The pit boss was required to complete and sign a “comp chit” for each drink ordered. The concession waitress would bring the drink to the gaming table, pick up the signed comp chit and return the chit to the concession stand.

The senior management also had this same privilege but the procedure to follow was different: the concession stand waitress would keep a daily running comp tab for each senior manager who would sign it at the end of the day.