I am not satisfied the dishonesty of August 21 was sufficient cause for dismissal. By itself it did not go to the core of the employment relationship. In McKinley v. BC Tel [2001] S.C.R. 161 at paragraph 50 Mr. Justice Iacobucci wrote: While ample case law supports this position, as discussed above, a second line of jurisprudence seems to run counter to it, suggesting that dishonest conduct always, irrespective of its surrounding circumstances, amounts to cause for dismissal. However, a closer inspection of these cases reveals that they actually support a contextual approach. As noted, these judgments involved dishonesty that was symptomatic of an overarching, and very serious misconduct. In most cases, the courts were [page 188] faced with allegations to the effect that an employee had intentionally devised to extract some financial gain or profit to which he or she was not entitled, at his or her employer’s expense. Such conduct was frequently tantamount to a serious form of fraud, and explicitly characterized by the courts as such.
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