When can breach of company policy amount to just cause for dismissal?
In Poirier v. Wal-Mart Canada Corp. 2006 BCSC 1138, the court noted that in order for breach of company policy to constitute just cause, the following requirements must be satisfied:
- it has been distributed to employees;
- it is known to the employee affected;
- it is unambiguous;
- it is consistently enforced by the company;
- employees are warned that they will be dismissed should they breach the rule or policy;
- it is reasonable; and,
- the breach thereof is sufficiently serious to justify dismissal.