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Difference between revisions of "Employment Law Issues (9:V)"
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Employment Law Issues (9:V) (view source)
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A personality conflict, i.e. inability of an employee to function smoothly in the work environment on a personal level, is not grounds for dismissal unless it is inconsistent with the proper discharge of the employee’s duties or is prejudicial to the employer’s interests (''Abbott v GM Gest Ltd'', [l944] OWN 729). If the inability to get along with others results in business interference, the employee may be dismissed (''Fonceca v McDonnell Douglas Ltd'' (l983), l CCEL 51 (Ont HC)). | A personality conflict, i.e. inability of an employee to function smoothly in the work environment on a personal level, is not grounds for dismissal unless it is inconsistent with the proper discharge of the employee’s duties or is prejudicial to the employer’s interests (''Abbott v GM Gest Ltd'', [l944] OWN 729). If the inability to get along with others results in business interference, the employee may be dismissed (''Fonceca v McDonnell Douglas Ltd'' (l983), l CCEL 51 (Ont HC)). | ||
==== j) Breach of Confidence/Privacy Obligations ==== | |||
An employee’s unauthorized disclose of employer confidential information may amount to a cause dismissal. An employee’s secret recording of meetings with management might be found to be a breach of confidentiality and privacy obligations amounting to cause. See Hart v. Parrish & Heimbecker, Limited 2017 MBQB 68 | |||
==== k) Just Cause - Deleting Company Information ==== | |||
Deleting or altering company information in the course of departure from employment may in some circumstances be grounds for a just cause dismissal. However, as with all just cause cases a McKinley contextual analysis should be applied. In the case of Kerr v. Arpac Storage Systems Corporation, 2018 BCSC 704, the court found the employee’s deletion of company information around the end of employment was not enough to constitute a just cause dismissal, partially due to the employee’s mental state and because the employee apologized. | |||
=== 6. Defences to Just Cause Arguments === | === 6. Defences to Just Cause Arguments === | ||
