Employees
Clear, practical advice for Alberta employees facing workplace questions or challenges.
Just Cause Terminations
A termination for “just cause” is the most serious form of termination in Alberta employment law. Employers terminate their employees for just cause when the employee engages in conduct that is so severe that it justifies terminating the employee’s employment without any notice or termination.
Examples of just cause dismissal include, but are not limited to, the following:
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Dishonesty; -
Theft;
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Insubordination;
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Breaching company policies;
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Harassment;
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Insubordination; and
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Performance issues.
In many cases, a performance plan or lesser disciplinary action may be more appropriate than terminating the employee for just cause. Proving just cause termination is difficult and fact specific. The misconduct must be severe enough to make continued employment impossible. Employers who terminate their employees without meeting this high standard risk substantial liability for wrongful dismissal.
If the dismissal for just cause is not valid, it becomes a termination without just cause, and the employee is owed their statutory minimums and possibly common law reasonable notice or pay in lieu of reasonable notice. At Lypkie Henderson, our employment lawyers help client understand their rights in “just cause” terminations and take appropriate action.
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