In the recent BC Supreme Court judgment of Lefebvre v.
Gisborne Holdings Ltd., 2023 BCSC 2231
("Lefebvre"), the Court reaffirmed the need for
employers to exercise caution when considering just cause
termination, once again highlighting its severity as a remedy for
employee misconduct.
Background
In Lefebvre, the employee, Ms. Lefebvre, was hired by
employer, Gisborne Holdings Ltd. ("Gisborne"), on a
fixed-term contract to replace an employee on parental leave.
Approximately six weeks into her employment, Gisborne terminated
Ms. Lefebvre after she sent an email to human resources
("HR") expressing concerns about her manager. Gisborne
claimed that the contents of the email to HR amounted to
insubordination and, therefore, it had just cause (termination
without notice or severance) to terminate Ms. Lefebvre.
Consequently, Ms. Lefebvre sued Gisborne for wrongful
dismissal.
