The basics: Just cause for termination

Recent Ontario case shows what kind of evidence is needed for dismissal
By Doug MacLeod
|Canadian HR Reporter|Last Updated: 11/28/2016

Generally, it’s very difficult for an employer to prove it has just cause, meaning it is justified in terminating an employee without providing any notice of termination.

But in a recent decision, Ontario’s highest court found that a teacher’s misconduct was serious enough to warrant a just cause termination. A deeper look at this case — Fernandes v. Peel Educational & Tutorial Services Limited — helps to illustrate the kind of evidence an employer must lead to prove a just cause dismissal.

The facts