What is the test for finding just cause for an employee to be dismissed for gross misconduct?
Saskatchewan, Canada
The following excerpt is from Poole v. Saskatchewan Safety Council, 2005 SKQB 157 (CanLII):
The nature and degree of the misconduct and whether it breaches the employer’s faith in the employee must be considered in drawing a factual conclusion as to the existence of just cause and must be assessed within its context. The principle of proportionality requires that a balance be struck between the severity of the misconduct and the sanction. McKinley v. BC Tel, supra, Iacobucci J. ANALYSIS
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