Previously printed in the LexisNexis Labour Notes
Newsletter.
Employers can be quick to assert that a single instance of
employee misconduct is enough to discharge an employee for just
cause.
However, in the recent decision of Lefebvre v.
Gisborne Holdings Ltd., 2023 BCSC 2231, we see that moving
too quickly to discharge an employee for cause can have negative
financial consequences for employers – particularly where the
underlying fixed-term employment agreement does not provide for
fixed notice on termination without cause.
Background
The defendant hired the plaintiff under a contract for
fixed-term employment in order to cover a parental leave. The
contract provided, among other things, for an 18-month term of
employment from May 2, 2022 to October 27, 2023 and a completion
bonus of $5,000 to be paid to the plaintiff on the earlier of two
dates: the date of layoff or October 27, 2023. There would be no
payment of the completion bonus to the plaintiff in
