What is the burden of proving just cause for dismissal against an employer?
British Columbia, Canada
The following excerpt is from Moura Lopes v. Quarterdeck Brewing Co. Ltd, 2020 BCCRT 360 (CanLII):
13. In a civil dispute like this one, an applicant bears the burden of proof on a balance of probabilities. However, an employer bears the burden of establishing just cause for dismissal and any alleged misconduct (see, for example, Hawkes v. Levelton Holdings Ltd., 2012 BCSC 1219 at para. 30, aff’d 2013 BCCA 306). I will address the parties’ respective burdens in my analysis.
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