What is the legal test for just cause in a workplace assault case?

20. The test for just cause is whether the employee’s misconduct gives rise to a breakdown in the employment relationship: McKinley v. BC Tel, 2001 SCC 38. Physical assaults and other forms of workplace violence are generally considered to be very serious offences. That said, courts recognize that workplace assaults fall along a spectrum of seriousness, which the employer’s disciplinary action must reflect. Each case is decided on a contextual analysis of the facts in determining whether dismissal is proportionate to the misconduct proven by the evidence: McKinley.