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ARTICLE · 10 JANUARY 2015

Cumulative Misconduct: Mounting A Case For Just Cause

The decision provides a useful precedent for employers seeking to rely on repeated incidents of misconduct or poor performance to establish just cause for an employee’s dismissal.

CanadaEmployment and HR

The Ontario Superior Court has released a decision, Chopra v. Easy Plastic Containers Limited (Chopra), in which a cumulative series of acts of misconduct by an employee were found justify his termination for cause. The decision provides a useful precedent for employers seeking to rely on repeated incidents of misconduct or poor performance to establish just cause for an employee's dismissal.

Background

Chopra involved a shift supervisor who, over the course of roughly two years, was disciplined on a number of occasions for a variety of incidents including poor performance, serious misconduct, insubordination, incompetence, breach of company rules and conduct that was prejudicial to the employer's business. The employee's specific acts included, among other things, knowingly allowing unauthorized persons to enter restricted areas, allowing employees under his supervision to leave the premises without punching their time cards, falling asleep on the job,

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