At times, employers despair at the perceived narrowing of the
requirements of just cause for termination. With many
adjudicators focused on progressive discipline, summarily
dismissing an employee, even for serious misconduct, requires
caution and often a well-researched legal opinion.
However, there is some conduct that is simply beyond the
pale. Two recent decisions from the Courts of Appeal in
British Columbia and Alberta provide reassurance that for
outrageous conduct, employers can still dismiss employees before
they do more harm.
1) No, you can't buy drugs from your subordinate
In British Columbia, the case of Van den Boogaard v Vancouver Pile
Driving concerned a project manager at a marine general
contractor. The employee was in charge of the safety of a job
site in a safety-sensitive industry. His employment was
terminated without cause.
