A recent decision of the Ontario Court of Appeal upheld the
Ontario Superior Court's decision in
Hoang v. Mann Engineering, wherein
the Court held that an employer may dismiss an insubordinate and
poorly-performing employee for just cause.
Background
The employee, Mr. Hoang, had been hired as the Chief Financial
Officer of Mann Engineering a small engineering firm, which
specialized in renewable energy. He was employed pursuant to a
thirteen-month fixed-term employment contract. Almost immediately
after Mr. Hoang began in his position, significant performance
issues arose, including: neglect of duties, refusal to follow
instructions, insubordination, and abusive behaviour towards his
co-workers and superiors. After failed attempts by the
employer's President, Mr. Mann, to mentor and coach Mr. Hoang,
the employer terminated him for just cause after just eight months.
Mr. Hoang alleged wrongful dismissal.
