Does dishonesty constitute just cause for termination?

British Columbia, Canada

The following excerpt is from Terrapure Environmental ( Envirosystems Incorporated) v International Union of Painters and Allied Trades, District Council 138 (Jeremy Arnot - Termination), 2021 CanLII 72624 (BC LA):

It is important to conduct a contextual analysis in assessing whether dishonesty amounts to just cause for termination: McKinley v. B.C.Tel. 57 Based on the foregoing considerations, I favour an analytical framework that examines each case on its own particular facts and circumstances, and considers the nature and seriousness of the dishonesty in order to assess whether it is reconcilable with sustaining the employment relationship. Such an approach mitigates the possibility that an employee will be unduly punished by the strict application of an unequivocal rule that equates all forms of dishonest behaviour with just cause for dismissal. At the same time, it would properly emphasize that dishonesty going to the core of the employment relationship carries the potential to warrant dismissal for just cause.

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