What is the current state of the law on the requirement of an employer to warn an employee that they have failed to meet performance standards?
British Columbia, Canada
The following excerpt is from Burns v. Lyons, 2015 BCSC 605 (CanLII):
In addition, although neither counsel referred to the decision, a convenient synthesizing of the requirement to warn is found in Hennessy v. Excell Railing Systems Ltd., 2005 BCSC 734. There, the court, at para. 12, held that the employer must show: (a) it has established a reasonable objective standard of performance, (b) the employee has failed to meet those standards, (c) the employee has had warnings that he or she has failed to meet those standards and the employee's position will be in jeopardy if he or she continues to fail to meet them; and (d) the employee has been given reasonable time to correct the situation. …
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