What are the principles applicable to the dismissal of a dishonest employee for cause?

British Columbia, Canada

The following excerpt is from Carroll v. Emco Corporation, 2007 BCCA 186 (CanLII):

The trial judge turned to McKinley v. BC Tel, [2001] 2 S.C.R. 161, 2001 SCC 38 for the principles applicable to the dismissal of a dishonest employee for cause. In that case, Iacobucci J., who gave the judgment of the court, rejected the proposition that dishonesty in and of itself warrants dismissal without notice. Rather, he said, 48 … I am of the view that whether an employer is justified in dismissing an employee on the grounds of dishonesty is a question that requires an assessment of the context of the alleged misconduct. More specifically, the test is whether the employee's dishonesty gave rise to a breakdown in the employment relationship. This test can be expressed in different ways. One could say, for example, that just cause for dismissal exists where the dishonesty violates an essential condition of the employment contract, breaches the faith inherent to the work relationship, or is fundamentally or directly inconsistent with the employee's obligations to his or her employer. 49 In accordance with this test, a trial judge must instruct the jury to determine: (1) whether the evidence established the employee's deceitful conduct on a balance of probabilities; and (2) if so, whether the nature and degree of the dishonesty warranted dismissal. In my view, the second branch of this test does not blend questions of fact and law. Rather, assessing the seriousness of the misconduct requires the facts established at trial to be carefully considered and balanced. As such, it is a factual inquiry for the jury to undertake.

Other Questions

Can an employer terminate an employee for cause if the employee acts dishonestly? (British Columbia, Canada)
When determining just cause for dismissal of an employee, is the employee’s misconduct justified? (British Columbia, Canada)
Can an application to dismiss on an interlocutory application be dismissed? (British Columbia, Canada)
Can knowledge of a cause of cause be used as grounds for cause of dismissal? (British Columbia, Canada)
Can an application be brought to dismiss an application under s. 27(1)(c) of the Rules of Civil Procedure Act? (British Columbia, Canada)
What is the duty of an employee dismissed from his or her employment without cause and without proper notice to mitigate their damages? (British Columbia, Canada)
Does a common law husband of an employee who has been dismissed for wrongful dismissal have to sue the employer for damages? (British Columbia, Canada)
What is the test for dismissing an application to dismiss a claim? (British Columbia, Canada)
What is the test for dismissing an employee for cause? (British Columbia, Canada)
Can an employee be terminated without cause if the employee has not been given reasonable notice? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.