Do you truly have cause to dismiss an employee?
In British Columbia you may immediately dismiss an employee without severance pay or reasonable notice but only with cause. Courts have determined that for an employer to be able to dismiss with cause the employee must have done something which has created irreversible damage to the employer employee relationship.
The misconduct of the employee must be so serious that the employment relationship cannot be repaired or continued. Most commonly courts have found theft, sexual harassment, intoxication and fraud to be worthy of immediate just cause.
Insubordination and incompetence can be found to be just cause; however, the courts have typically held that there must be repeated instances together with warnings from the employer for just cause to be found.
There are many types of misconduct that can result in just cause but with any misconduct it has to be so serious that employment cannot be continued. This means for an employer one should investigate the misconduct thoroughly, keep notes of workplace conduct violations and whether there is any possibility of continuing the employment relationship before considering just cause. If you are needing advice on whether you have just cause or not, please do not hesitate to contact Avery Law Office for legal advice.
