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ARTICLE · 07 APRIL 2021

When Will An Employee's Misconduct Justify Dismissal Without Notice?

In the recently-decided case of Czerniawski v. Corma Inc., Mr. Czerniawski's employment was terminated without notice after 19 years of service because of alleged misconduct.

CanadaEmployment and HR

In the recently-decided case of Czerniawski v. Corma Inc., Mr. Czerniawski's employment was terminated without notice after 19 years of service because of alleged misconduct. The court had to address the question of whether or not the misconduct justified such an extreme measure.

Mr. Czerniawski was an assembler in a company that manufactured products in the corrugated plastic pipe industry. During his 19 years with the company, he was a good worker, and there had been no issues with his job performance. The only performance review he had ever received concluded that he was a solid, steady worker who was competent, dependable, and hard-working.

Unfortunately, Mr. Czerniawski had an angry exchange with a co-worker concerning items missing from his work station. There was evidence before the court that in the course of the encounter Mr. Czerniawski was screaming, pointing, and waving his arms. Both Mr. Czerniawski and the co-worker were angry, and voices

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