From Incompetence to Misconduct: Discharging the Burden of Proof In Just Cause Cases
Labour, Employment and Human Rights Group Webinar
Tuesday, March 26, 2024
Event Details
Termination for cause has been called the capital punishment of employment law. The bar to discharge employees will vary widely depending on the nature of the misconduct, incompetence, or negligence.
By reviewing recent case law, this webinar will illustrate the challenges employers must meet when deciding on whether or not they should give their employees “one more chance”.
We will review various recent cases of interest ranging from employee misconduct on and off work, to plain incompetence, and discuss how employee disabilities can impact the decision to discharge. We will also review cases demonstrating the risks of failing to conduct an adequate investigation as well as cases showing how the manner of termination and the conduct of litigation itself can be a source of liability for employers.
We will also provide an overview of the core principles behind dismissals.