Misconduct on last-chance agreements (Toughest HR Question)

Can these agreements stipulate further misconduct will result in dismissal?
By Brian Johnston
|Canadian HR Reporter|Last Updated: 02/22/2016

Question: Can a last-chance agreement stipulate that any type of further misconduct will result in dismissal, or does the misconduct leading to dismissal have to be related to that leading to the last-chance agreement?


Answer: Yes. The terms of a last-chance agreement (LCA) must be clear so it is easy to identify when there has been a contravention. Where the LCA stipulates the types of misconduct that will lead to dismissal, termination for such misconduct will likely be upheld, whether or not related to the behaviour leading to the LCA.