-how to dismiss an employee: reasons, grounds, procedure

B. WHAT IS "JUST CAUSE"?

The law in Canada provides that an employer may immediately dismiss an

employee for “just cause.” In cases for dismissal for just cause, the employer is not
required to pay the employee either statutory termination or severance pay under
the relevant employment standards legislation, or common law pay in lieu of notice
of the dismissal.[1]

For an employer to dismiss an employee without any statutory or common law

notice, the law requires that the employee must have done something contrary to
the employment contract which has had the effect of undermining the entire
employment relationship, such that there has been a fundamental breach of the
contract. The Supreme Court of Canada in McKinley v. BC Tel[2] has stated that
just cause will exist where the employee violates an essential condition of the
employment contract, breaches the faith inherent to the work relationship, or
whose conduct is fundamentally inconsistent with the employee’s obligations to
his or her employer.

There are certain categories of conduct which have been recognized by courts to
constitute cause for an employee’s dismissal without notice. These categories
include:

 dishonesty (fraud and theft being examples);

 insolence and insubordination;

 breach of trust and/or the duty of fidelity;

 conflict of interest;

 chronic absenteeism or lateness;

 sexual harassment;

 serious incompetence;

 intoxication at the workplace; and

 fraudulent misrepresentation as to qualifications/credentials

Mai mult aici: http://www.carters.ca/pub/bulletin/charity/2009/chylb175.htm

Examples of Termination for Cause

An employee may be terminated for cause if the employer can prove that the employee was:
  guilty of theft or fraud in the workplace, or was persistently dishonest;
 habitually incompetent or neglectful of their duty;
 insubordinate or willfully disobedient to the employer’s lawful orders;
 intoxicated or under the influence of illicit drugs if these are not related to a disability;
 excessively and unjustifiably absent or late;
 harassing or abusive towards other employees, clients or customers; or
 guilty of off-duty misconduct.
http://www.minkenemploymentlawyers.com/employment-law-issues/termination-for-cause-hard-
to-prove/

Can you dismiss an employee for cause due to poor performance?

The law is fairly clear: An employee can be dismissed where their performance
does not meet the reasonable expectations of the employer. However, an
employer seeking to dismiss an employee as a result of poor performance will be
required to show that they made reasonable efforts to work with the employee
before making the decision to dismiss. The employer must:

•set a clear and reasonable standard of performance

•communicate the expected level of performance

•measure the employee’s performance

•take appropriate action to address any concerns

•allow a reasonable time for improvement.

With respect taking "appropriate" action to address concerns, what is appropriate

will depend upon the circumstances. But the employer must provide clear
warnings that the employee’s performance is unacceptable and will result in
dismissal if the deficiency is not remedied. Furthermore, it will usually be
appropriate to provide some level of assistance through coaching, training, or
similar efforts.

As should be self-evident, clear documentation is a necessity. Vague verbal

warnings that an employee is not living up to expectations, or that they should
improve, will not be sufficient. Employees must be told, in no uncertain terms,
their performance is unacceptable and will lead to a termination of their
employment if it does not improve.

http://www.hrreporter.com/columnist/canadian-hr-law/archive/2013/01/09/can-
you-dismiss-an-employee-for-cause-due-to-poor-performance/

Termination Without Cause: Overviewin Ontario

http://employmentlaw101.ca/01-overview-termination-without-cause/
 Inca citeva cause de dismissal:

https://zvulony.ca/2010/articles/employment-law/what-is-just-cause/

Procedura o avem aici:

https://www.gov.mb.ca/labour/standards/doc,just_cause,factsheet.html

dismissal for poor performance:

Similarly, if the employer is considering terminating the employee’s employment for
cause as a result of the employee’s poor performance the employer should first
place the employee on a performance improvement plan (often referred to as a
“PIP”). The purpose of a performance improvement plan is to:

1. inform the employee of the conduct or performance that has fallen below the
required standard;
2. inform the employee of the required workplace standard; and
3. provide the employee with a timeline in order to meet the required standard and a
clear view of what will happen if that standard is not met.

The shortcomings in the employee’s performance should be documented as clearly

as possible. Whenever possible the employer should ensure that the employee has
been given objective, measurable performance goals that must be met in order to
remain employed. The standard should also be fair and similar to the expectations
placed on other employees.

Subjective performance objectives are more likely to be successfully attacked by the

employee’s lawyer. In particular, a red flag will be raised if the employee is achieving
his or her measurable performance goals such as sales targets or profitability yet
has been placed on a PIP for allegedly failing to meet subjective objectives such as
“leadership” and “communication ability”. In circumstances such as this a suspicion
will be raised, often for good reason, that the decision to place the employee on the
PIP was made in bad faith (often the result of a personality conflict between the
employee and his or her manager).

In addition, if the performance objectives given to the employee are not achievable
the employer may find itself at risk of being found liable for moral or punitive
damages because of bad faith dismissal.

It is often advisable for an employee who has been placed on a performance

improvement plan to consult with an employment lawyer. The employment lawyer
can assist the employee in responding to the PIP in order to minimize the chance
that the employee will be dismissed or, if the employee is ultimately dismissed, to
minimize the likelihood that the employer will be able to successfully claim that it had
just cause to dismiss the employee. In other words, the assistance of an employment
lawyer will level the playing field for the employee in a situation in which the
employee likely feels overwhelmed and outgunned. The lawyer will to provide the
employee with objective feedback on the seriousness of the allegations and the
strength of the employer’s position. http://employmentlaw101.ca/01-overview-
termination-for-cause/

Terminating An Employee For Poor Performance

http://www.mondaq.com/canada/x/609086/Contract+of+Employment/Top+10+Issues
+For+Employers+10+Terminating+An+Employee+For+Poor+Performance