Just cause dismissal laws in BC are an all or nothing proposition. This is where most employers get into difficulty. However, in cases where the employer claims insubordination or incompetence, then numerous instances of the misconduct, together with warnings by the employer, may be required before the employer can lawfully terminate the employment for just cause. Insubordination or willful refusal to follow a direction of the employerĪs you can imagine, in cases where the misconduct is theft, or sexual or other assault, or acute conflict of interest, then termination can rightly occur immediately.Just cause is typically alleged by the employer where the misconduct relates to: The burden for proving that the alleged misconduct amounts to just cause is on the employer. In fact, employee misconduct must be of such serious nature that it fatally fractures the employment contract. Not all employee misconduct provides just cause.

However, except in the clearest cases, just cause is very difficult for the employer to prove. If there is truly just cause for employee dismissal, then the result is that the employer can dismiss the employee immediately, without any requirement to provide notice or reasonable notice or severance or any pay in lieu of notice. According to Canadian courts, just cause is “serious employee misconduct during the employment relationship that strikes at the very root of the employment contract such that it can be said that the employment contract cannot continue or be repaired.” It is described as the capital punishment of the employment relationship.

What is just cause