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Just Cause

Ethics manager terminated for breach of trust

Jurisdiction: - British Columbia

In 2015, the BC Court of Appeal issued the decision Roe v. British Columbia Ferry Services Ltd., 2015 BCCA 1, in which it overturned a trial judgment finding there was no just cause for the termination of a high level manager for handing out food vouchers to his daughter's volleyball team. The court emphasized the responsibilities and trust attached to the plaintiff's senior management position. Shortly thereafter, it issued a split judgement in Steel v. Coast Capital Savings Credit Union2015 BCCA 127, upholding the termination of a long-service employee with an unblemished record on the basis of a single incident of breach of trust. The decision rested mainly on the nature of the employee's position, which involved overseeing confidential materials. The recent trial judgment in Manak v. Workers’ Compensation Board of British Columbia, 2018 BCSC 182 demonstrates that these principles continues to be applied seriously by the courts.  read more »

Secret recordings of employer found to constitute misconduct

Jurisdiction: - Manitoba
Sector: - Agriculture

IHart v. Parrish& Heimbecker, Limited, 2017 MBQB 68, the Manitoba Court of Queen's Bench considered whether an employee's secret recordings of meetings with management constituted misconduct. The court found they were, and framed the recordings as a breach of the employee's duty of confidentiality and privacy obligations. 

Most plaintiff lawyers will agree that secret recordings of meetings are a common occurrence. While there are decisions dealing with the admissiblity of secret recordings for evidentiary purposes, there has been little guidance on the potential use of such recordings by the Employer to establish discipline, including perhaps after-acquired cause.

Top 10 Employment Law Cases of 2016

Naomi E. Calla, a lawyer at Borden Ladner Gervais, has written an article on the Top 10 Employment Law Cases of 2016.

The cases and her brief summaries are:  read more »