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A recent decision by the Ontario Superior Court provides a useful reminder regarding the difference between just cause at common law and wilful misconduct under employment standards legislation. This distinction is important for plan administrators who will be dealing with grow-in entitlements on and after July 1, 2012.

In Abbasbayli v. Fiera Foods Company, the Ontario Superior Court of Justice ("ONSC") upheld the employer's decision to dismiss an employee for cause following an internal investigation into time theft.