What is the test for determining whether an employee has been found guilty of misconduct?
British Columbia, Canada
The following excerpt is from Liebreich v Farmers of North America, 2019 BCSC 1074 (CanLII):
Both the circumstances surrounding the alleged misconduct and the degree of misconduct must be carefully examined. The analysis requires a contextual approach including an examination of the category of misconduct and its possible consequences, all of the circumstances surrounding the misconduct, the nature of the particular employment contract and the status of the employee: McKinley v. BC Tel, 2001 SCC 38 (S.C.C.) at paras. 33-34, 51. ...
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