What is the test for determining whether an employee has been found guilty of misconduct in the workplace?
British Columbia, Canada
The following excerpt is from Scorpio Security Inc. v Jain, 2018 BCSC 978 (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 at paras. 33-34, 51.
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