Workplace Drug Dealing Provides After-Acquired Cause For Termination

Employer had just cause based on evidence discovered after termination

In most cases, employees who commit misconduct will face the consequences of their actions during their employment, in the form of discipline or even termination for just cause. But, what if the employer only learns of an employee's misconduct after the employee is dismissed without cause? What recourse does the employer have?

The British Columbia Court of Appeal's ruling in Van den Boogaard v. Vancouver Pile Driving Ltd affirms that employers can rely on misconduct discovered after an employee's dismissal to establish "after-acquired" just cause.

Mr. Van den Boogaard was a project manager for Vancouver Pile Driving, a marine contracting company. He was in a supervisory role, which required him to oversee site safety. He was also required to enforce drug prohibition policies. Mr. Van den Boogaard's employment was eventually terminated without cause. However, he was not happy with the amount