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Just Cause

Employer Fails in Attempt to “Change Horses” To Just Cause

In Alayew v Council for Advancement of African Canadians, 2023 ABKB 113, an employer fired without cause and was not allowed to change its mind

2 March 2023
Employer Making Up Misconduct Backfires Stupendously

In Chu v China Southern Airlines, 2023 BCSC 21, an employer tried to manufacture just cause for dismissal. The employee received big damages

9 January 2023
Can I Record That? Admissibility of Recordings in Employment Cases

In Rooney v GSL Chevrolet, 2022 ABKB 813, an employee secretly recorded a meeting. The Court ruled it was admissible evidence.

13 December 2022
No Just Cause Despite Touching Bum and Torso and Not Admitting It

In AUPE, 2022 CanLii 100939 (AB GAA) Oct 31, 2022), an arbitration panel found no cause where an employee touched a co-worker inappropriately and then denied it

7 November 2022
Alberta Post Incident Drug Test Unreasonable Invasion of Employee Privacy

In Fort Mckay Logistics, Fort McMurray Teamsters, 2022 CanLii 78227 (P Smith), an employee failed a post-incident drug test but cause was not upheld

19 September 2022
Manager Vendetta = No Just Cause And Increased Notice Period

In Baker v Weyerhaeuser, 2022 ABCA 83, the Alberta Court of Appeal found no just cause and increased notice period due to the Manager’s vendetta.

21 March 2022
Just Cause For Employee With Angry and Rude Outburst

The Saskatchewan Court of Appeal upheld a just cause termination for an employee who had an angry and rude outburst with his boss.

19 January 2022
Worker that has been injured and harassed by his employers
Just Cause for Dismissal Found for Recycling Scavenger

Just cause for termination found respecting an Alberta employee who scavenged bottles and then ignored a direction to properly get rid of them.

12 January 2022
3 Months Severance and $10k Damages for 17 Year Old Dishwasher

Bass v Boston Pizza, 2021 ABPC 315 is a new Alberta decision where the employer’s just cause argument failed and the short-term employee did well.

21 December 2021
Rude Texts Used to Find After-Acquired Just Cause

Golob v Fort St. John is a BC case where a court found just cause for termination in part due to inappropriate texts the employee sent from his cellphone

7 December 2021
Man looking at legal forms through a magnifying glass
The Matthews Hammer Swings Again: Termination Clause Ignored

Humphrey v Mene is a new Ontario case where a termination clause was invalidated in part because of an employer breach of the employment contract

12 October 2021
Man receiving unwanted sexual advances in the workplace.
Any Sexual Assault Very Serious- Dupont Case Overturned

ABQB said the trial judge analysis should have started with a finding that sexual assault is always at the higher end of the spectrum of sexual harassment.

23 August 2021

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