What is the legal test for finding an employee to be dismissed without notice?
British Columbia, Canada
The following excerpt is from Acumen Law Corporation v Ojanen, 2019 BCSC 1352 (CanLII):
The onus of proof of misconduct lies on the employer. Madam Justice Griffin outlined the approach I must take in Hawkes v. Levelton Holdings Ltd., 2012 BCSC 1219 at para. 30, aff’d 2013 BCCA 306: The law is clear that not every act of dishonesty justifies dismissal without notice. Rather, the court must consider the context of the alleged misconduct, examining how minor or how serious it was. … The principle of proportionality applies, requiring a balancing between the severity of the alleged misconduct and the sanction imposed by the employer … .
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