Length of service factor in just cause

More warnings and suspensions for long-term employees?
By Stuart Rudner
|Canadian Employment Law Today|Last Updated: 04/01/2015

Question: Is it true that the longer an employee's service, the more warnings or suspensions she should be given for misconduct before resorting to dismissal?

Answer: As referenced in the previous question, any assessment of misconduct and the potential for summary dismissal must adopt a contextual approach which takes into account all relevant circumstances. One of those factors will be the employee’s length of service. Other factors will include their previous disciplinary history, if any, their response when confronted with the allegations, and any mitigating circumstances. Generally speaking, a long-term employee, particularly one with a clean record, will be entitled to greater deference than a short-term employee with a history of misconduct.