The decision to terminate an employee for just cause can place
an employer in a delicate balancing act. On one hand, employers
often feel pressure to vigorously defend their position that the
employee's conduct reached the (high) threshold required for
just cause dismissal. On the other, as illustrated in the recent
Ontario Court of Appeal decision in Ruston v Keddco MFG (2011)
Ltd., 2019 ONCA 125, conduct which might be viewed as
intimidation tactics or threats can open an employer up to a number
of legal problems – and a significant amount of ensuing
liability.
The case's underlying facts are relatively straightforward.
Keddco MFG (2011) LTD., the employer, sought to terminate its
president, Scott Ruston, for just cause. In the termination
meeting, Keddco provided Mr. Ruston essentially no details of the
reason for his dismissal; in response to his questions, a Keddco
representative simply stated, "I think you know".
