Termination for Just Cause
In general terms all terminations fall into two broad categories
Where an employee is terminated for "just cause" the employer terminates the employee for some form of wrong doing that is of sufficient seriousness to satisfy the requisite legal threshold, and that irreparably damages the employment relationship between the employee and employer. Many employers allege that an employee was terminated for "just cause". Despite these common allegations not all wrongdoing meets this high legal standard. As a result although employers often allege that they have "just cause" when they terminate an employee, more often than not the courts ultimately conclude that no "just cause" existed in the circumstances.
The onus rests with the employer to prove that it had just cause for termination in the particular circumstances of the case. Should the employer successfully prove that just cause existed in the circumstances it is not required to provide the dismissed employee with any notice of termination or severance pay. In these circumstances the employee may be immediately terminated without any compensation. Where an employee is dismissed for just cause he will also be unable to qualify for Employment Insurance.