Incompetence or Poor Performance — Just Cause for Dismissal?

Originally published in Blakes Bulletin on Labour & Employment – September 2005

In the employment context, just cause for dismissal means that the employer has an appropriate reason or "justification" for firing an employee. In such a situation, the employer is relieved of the obligation to provide notice of termination, or payment in lieu of such notice. Where just cause for termination of employment is present, the employer is entitled to summarily dismiss an employee and unilaterally end the employment relationship. The obvious and difficult question facing employers is when do they have just cause to dismiss an employee? More specifically, in what circumstances does incompetence or poor performance amount to just cause?