What is “just cause” for sexual harassment?

40. In general, “just cause” means employee behaviour that, viewed in all the circumstances, is seriously incompatible with the employee's duties. The threshold is high. The question is whether, in the circumstances, the nature and seriousness of the behaviour is unreconcilable with sustaining the employment relationship (see discussion in McKinley v. BC Tel, 2001 SCC 38).

41. Where an employee provides their employer with an ultimatum or threat of not returning to work, the courts have found that it may constitute resignation. For example, in Billows v. Canarc Forest Products, 2003 BCSC 1352, the court found that the employee’s ultimatum constituted a resignation. The employee had refused to follow his employer’s reasonable directions and refused to continue working if the employer did not allow him to do business his own way.