what is a just cause dismissal, workplace lawyers

What is a Just Cause Dismissal?

In Ontario, dismissals are typically categorized as a with cause, or without cause dismissal. With cause, or just cause, dismissal, is when the employer had a “good reason” to fire the employee. So, what is a just cause dismissal then?

The legal test used to determine if there was just cause to fire an employee was established in the case of Regina v. Authors  (1967), 62 D.L.R (2d) 342 (Ont. C.A), where the test sets out:

“If an employee has been guilty of serious misconduct, habitual neglect of duty, incompetence, or conduct incompatible with his duties, or prejudicial to the employer’s business, or if he has been guilty of willful disobedience to the employer’s orders in a matter of substance, the law recognizes the employer’s right summarily to dismiss the delinquent employee.”

Just cause dismissals have a high threshold to prove that the employer was within their legal right to fire the employee. The short video below by Christopher Achkar provides a recap of what you need to know regarding just cause dismissals in Ontario.

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If you are an employer facing a wrongful dismissal claim, or an employee who believes you’ve been wrongfully dismissed, our team of experienced workplace lawyers at Achkar Law can help. Contact us by phone toll-free at +1 (800) 771-7882 or email us at [email protected] and we would be happy to assist.

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