The Supreme Court of Canada recently released a decision that answers two questions of interest to non-unionized employers:
- When will dishonest conduct by an employee justify termination for just cause?
- How is the notice period affected where an employer has breached its duty of good faith and fair dealing?
Mr. McKinlay worked as a Controller for BC Tel for 17 years. His employment was terminated at age 48 while he was on a leave of absence for medical reasons. Mr. McKinlay alleged that BC Tel refused to provide suitable alternative work, his termination was without just cause, and BC Tel had breached its duty of good faith and fair dealing in the manner of his termination. BC Tel argued that Mr. McKinlay was aware of alternative treatment methods which would allow him to return to his old job and when Mr. McKinlay advised his supervisor that his physician had recommended a new job as the only suitable treatment, Mr. McKinlay had deliberately lied. Accordingly, BC Tel
